Introduction
Violations of human rights in Zimbabwe 
African Commission on Human and People's Rights findings and recommendations
Implementation of African Commission's recommendations
Operation Murambatsvina
The ‘Operation'
Violation of the rule of law
Operation Garikai / Hlalani Kuhle & more recent developments
UN Special Envoy's Report, July 2005
Why Operation Murambatsvina happened
The example of Porta Farm
Operation Murambatsvina Commemoration Campaign, 2 June - 20 July 2006
BOCISCOZ Schedule of E vents, 2 June - 20 July 2006
DITSHWANELO's sixth seminar on Zimbabwe, 6 July 2006
BOCISCOZ Petition to President Mogae
Amnesty International Petition to the Government of Zimbabwe
BOCISCOZ Campaign Press Statements
Government of Zimbabwe Press Statement, 6 July 2006
Effectiveness & outside help
DITSHWANELO's work regarding Zimbabwe
Open Letter to President Mogae, 21 November 2005
Links & Zimbabwean CSOs 

Introduction

There is widespread outrage at the abuse of human rights which is taking place in Zimbabwe.  A large number of reports claim widespread use of torture; unlawful house raids, arrest and detention; and lack of respect for the independence of the Judiciary, for the observance of Court Orders and for freedom of expression. 

In addition to specific violations of human rights, the impact of the country's governance on the economy is contributing directly to a considerable increase in poverty, poor health, education and other basic rights.  At DITSHWANELO's July 2006 Zimbabwe Seminar No.6 , speakers said that 90-95% of Zimbabweans now live in poverty and that inflation has reached 1200% by even the Zimbabwean government's own estimation; independent analysts believe it is over 2000%. 

An Amnesty International statement released 8 September 2006 said "83 percent of the population of Zimbabwe survives on less than the UN income poverty line of US $2 dollars a day.  The unemployment rate stands at about 80 percent."

Writing in mid July 2005, the summary of the economic situation provided in the UN Special Envoy's Report on Operation Murambatsvina (page 17) concluded: "The recent IMF mission, under Article IV of the consultation framework, has indicated that the [Zimbabwean] economy is likely to decline by a further 7% this year (2005), that inflation, currently running at about 140%, would not be arrested to any significant levels, and that foreign currency reserves were down to three days.  Foreign exchange shortages have restricted essential imports needed for industrial and agricultural production, fuel, energy and basic commodities, further exacerbating the decline of the formal economy and the Government's revenue base.  The budget deficit is estimated to exceed 14% of GDP and domestic debt is estimated at USD 1 billion. 

"Unemployment currently stands at 75% with over 70% of the population living under the poverty line.  Zimbabwe also has one of the highest divides in Africa both in terms of access to resources and in consumption with about 80% of the population sharing less than 20% of national wealth.  Food shortage exacerbated by drought affecting the entire sub-region has been an additional challenge faced by the country since 2001-2002, particularly in the rural areas, leading to a humanitarian crisis.  The food deficit is estimated at 1.2 MT of maize for the 2005-6 season."

At the time that Operation Murambatsvina targeted the destruction of the informal sector in May 2005, the UN Special Envoy's report said "The informal economy had effectively become the mainstay for the majority of the Zimbabweans.  ILO [International Labour Office] reported in June 2005 that 3 to 4 million Zimbabweans earned their living through informal sector employment, supporting another 5 million people, while the formal sector employed about 1.3 million people."  The 18 June 2005 Sokwanele Special Report concluded that about 80% of the adult population of Zimbabwe was surviving through the informal sector, including subsistence farming.

According to the UN Special Envoy report (pages 22-23) the key triggers of Zimbabwe's economic and political crisis "included:

• A failed attempt at Economic Structural Adjustment (1991 to 1995) which led to contraction of the civil service, the collapse of the domestic industrial sector, and to massive layoffs;


• A bitterly disputed Fast Track land reform programme (since 2000) which resulted in the transfer of land mostly from experienced white commercial farmers to inexperienced African, mostly absentee landowners or to smallholder producers poorly supported by agricultural extension and support services;


• Cash handouts to appease grievances of War Veterans in 1997 sparking an inflationary spiral;


• Military intervention in the conflict in the Democratic Republic of Congo leading to budgetary constraints and overspending; and


• Persistent drought.

Reflecting the economic crisis there has been a massive emigration from Zimbabwe.  According to Botsalo Ntuane, writing in The Monitor on 10 July 2006, close to three million citizens out of a population of 13 million have left the country in less than seven years.

At the closing event of the Operation Murambatsvina Commemoration Campaign on 20 July 2006 Ms Elinor Sisulu of Crisis in Zimbabwe Coalition, Johannesburg Office, said: "Normally you would not interfere in the affairs of your neighbours.  But if your neighbours' actions affect the health and wellbeing of the neighbourhood you cannot remain silent.  The interests of Batswana [and other neighbours] are directly threatened by the crisis in Zimbabwe.  Batswana are not only affected by the influx of refugees with the attendant problems of crime and xenophobia, their economic interests are threatened by what happens in Zimbabwe."

would shatter the stability of southern Africa."  For more details, see Operation Murambatsvina.

The same report says "The ZANU-PF party, already discredited in the eyes of many inside and outside the country for what the UN report starkly described as a decline in the rule of law as well as egregious economic mismanagement and human rights abuse, is deep into a fight for succession to Robert Mugabe, and playing an internal blame game on Murambatsvina as part of that internecine struggle.  The opposition Movement for Democratic Change (MDC) is preoccupied with leadership controversies of its own and existential strategy debates in the wake of defeat in March [2005] in yet another rigged election.  Inability to influence Murambatsvina has cost it much confidence in itself and among its supporters, and the party badly needs to refocus and reform."  See also Zimbabwe Human Rights NGO Forum press release of 4 July 2006 about violent in-fighting within the MDC.

Zimbabwean Civil Society Organisations (CSOs) believe that only Zimbabweans can solve the crisis in that country.  However, they stress the psychological and practical assistance which can be provided by external CSOs - especially those from neighbouring countries.  They also call on the governments of the Southern African Development Community (SADC) to break their silence and apparent acquiescence with the actions of the Government of Zimbabwe and to speak out against the massive violation of human rights.

Zimbabwe has ratified the United Nations International Covenant on Civil and Political Rights and the African Charter on Human and People's Rights, among other international treaties.  It is also a member of the African Union and SADC, meaning it is a signatory to the SADC Treaty and its framework of cooperation, which is based on the objectives of "democracy and good governance, respect for the rule of law, the guarantee of human rights, popular participation and the alleviation of poverty". 

Despite President Mugabe's continuing violation of these commitments, there has been a long and resounding silence from fellow African leaders, within both the SADC region and the African Union.

This section includes further information about:

• Violations of human rights in Zimbabwe 


• African Commission on Human and People's Rights findings and recommendations


• Operation Murambatsvina


• Operation Murambatsvina Commemoration Campaign


• Effectiveness of the campaign to protect human rights and the ways in which outsides can assist


• DITSHWANELO's work regarding Zimbabwe


• Links & Zimbabwean CSOs

Organisations such as the Zimbabwe Human Rights NGO Forum and the Zimbabwean Lawyers for Human Rights provide regular reports on their websites, detailing the violations of human rights in Zimbabwe.  These reports demonstrate the Government of Zimbabwe's failure to implement the recommendations of the African Commission on Human and People's Rights fact-finding mission to Zimbabwe in 2002.  The following is a brief summary of the issues, which were raised in our Zimbabwe Seminar No.5, August 2005 and our Zimbabwe Seminar No.6, July 2006.  This includes:
Individual cases of human rights abuses

• Removal of legal rights


• Curtailment of the rule of law


• Repression of human rights defenders


• Operation Murambatsvina

We refer readers to the Zimbabwean sites for up-to-date information and individual cases.

INDIVIDUAL CASES OF HUMAN RIGHTS ABUSES:
There have been a large number of human rights abuses.  Between July 2001 and June 2006, the Zimbabwe Human Rights NGO Forum has monitored 15,523 such cases and analysed them in an online report.  This report notes that 90% of the cases have been brought against the police.  Of the 291 cases that were brought before the courts, in 114 the plaintiffs were complaining of assaults and torture by the police at police stations, regardless of whether it was a political or criminal case.  There have been cases where people have gone to police stations to report cases and have ended up either assaulted or arrested.  Assaults and torture are often carried out at Harare Central police station, whichever station the arrest was made.

The largest number of cases in one year was in 2005, reflecting the violence associated with Operation Murambatsvina.  In 2002 the largest category of violation was torture, which was used routinely by State agents as a way of quelling dissent, as well as of extracting information from the public, for either political or criminal reasons.  Torture shows a continuous decline from the peak in 2002, while both unlawful arrest and detention, and interference with freedoms show a steady increase over the period and there is a generally upward trend from 2002, which is associated with the promulgation of the Public Order and Security Act (POSA).  In 2005 the largest number of cases recorded in one category became unlawful arrests and detentions.

Almost 90% of the Forum's cases that reached actual litigation and have been concluded (only 148 cases) have gone in the favour of the plaintiffs.  These court rulings corroborate the Forum's reports of abuses, and strongly contradict the views of the government and the Minister of Justice, Legal and Parliamentary Affairs who claimed that the reports about human rights violations in Zimbabwe are spurious or mischievous.

REMOVAL OF LEGAL RIGHTS:
The Constitution of Zimbabwe Amendment (No. 17) Bill, 2005, enacted in September 2005, is perhaps the greatest violation of the rule of law and fundamental rights that the citizens of Zimbabwe have faced to date.  The amendment:   

• Removes the fundamental rights to property


• Restricts freedom of movement


• Removes the no-confidence vote


• Reorganises the Parliament of Zimbabwe, granting the President the right to appoint six Senators


• Restricts Parliament's ability to propose bills, effectively removing all financial responsibilities from the Parliament and placing them in the hands of the Executive Branch

• There is a clear lack of judicial independence, with even those few judges who could be described as independent, operating under fear. Cases are allocated to particular judges by the Judge-President with the aim of achieving a desired ruling.  The level of professionalism has disintegrated, with increasing polarisation between lawyers recognised as being either pro- or anti-government.


• There is a lack of respect for Court Orders.  A couple examples are as follows.
  
  • Following the March 2005 elections, the Government of Zimbabwe began Operation Murambatsvina (Restore Order) a programme of demolishing thousands of homes and business deemed to be ‘illegal'.  In some instances these demolitions occurred despite direct court orders that certain communities should not be touched.  In addition, the law requires that occupants of homes set to be demolished are to be given 30 days notice prior to the actual demolition, yet in most cases there was no notice given at all.  When it was given, it was usually much less than the required 30 days.
  
  
  • During the initial stages of the Government's land reform programme in 2000, supporters of the ruling party continually invaded the farm of opposition member of parliament Roy Bennett.  In January 2002, the High Court issued the first of what would be seven court orders that either barred the State or State supporters from seizing Bennett's estate. However, repeated harassment and invasions of the farm, often at the hands of police, occurred over the next two years, ending in 2004 with the forcible eviction of Bennett's family and the estate management by the Zimbabwean National Army and police.
   


• The Criminal Code enables the fundamental freedoms of Zimbabweans to be set aside in the name of public safety to deflect criticism of the Government, including:
  
  • The Public Order and Security Act ("POSA") which places severe limitations on the rights and freedoms of speech, expression, assembly, and movement.
   
  
  • The Access to Information and Protection of Privacy Act ("AIPPA") which requires compulsory registration of journalists, with the result that no licences are ever granted to non-State journalists.  In addition, the State entirely controls television, radio and newspapers, with at least 5 newspapers having been closed down by the Government and the offices of two being bombed. The political Opposition must request permission to use the Government's media and this is always refused.
  
  
  • Restrictions on Freedom of Expression.  To ‘defame' a Government official is to risk imprisonment and a great many journalists have been arrested under the provisions of AIPPA. This effectively renders any political criticism or debate a criminal activity, thereby making the democratic process impossible.

REPRESSION OF HUMAN RIGHTS DEFENDERS: including by use of unwarranted surveillance, intimidation, violence and torture by the Government of Zimbabwe in an effort to silence them.  This violation of rights particularly includes the following.

• The use of repressive laws to legitimise harassment.  For example:


• The Private Voluntary Organisations Act ("PVOA") which forces such organisations to register with the government, with the result that they become the target of government repression and are increasingly unable to operate.


• The Non-Governmental Organisation Bill ("NGO Bill"), which has been passed by parliament, would replace PVOA and introduce specific provisions to curtail and criminalise the activities of human rights defenders.  Although passed, this Bill has not yet been signed by the President so had not come into law.


• The government has attempted to introduce regulations to force telecommunications companies to channel all calls through government systems in order to monitor them. This has been resisted successfully, so far, but it is a further attempt to increase unwarranted surveillance by the government.


• Intimidation and harassment of human rights defenders - as was demonstrated at DITSHWANELO's Zimbabwe Seminar No.5 on 4 August 2005 by the then Zimbabwean Ambassador to Botswana, who clearly sought to intimidate the speakers, resulting in several comments during the seminar and much comment in the Botswana media afterwards.


• Arbitrary arrests of members of human rights groups are now commonplace, as demonstrated by the WOZA presenters at DITSHWANELO's Zimbabwe Seminar No.5 and the unlawful arrests and detention reported in our press release of 17 Jan 2006.
 

• Amnesty International has monitored and documented numerous cases of torture and has repeatedly reported gross violations of human rights by state agents in Zimbabwe. There is a persistent and blatant climate of impunity for those who use violence and torture to punish and intimidate those who speak out against the Zimbabwean government, and such cases are rarely, if ever, investigated.

The African Commission on Human and People's Rights is charged with ensuring the promotion and protection of human rights guaranteed under the African Charter on Human and Peoples' Rights, to which Zimbabwe is a party.

Following reports of violation of the Charter obligations, the African Commission undertook a Fact-Finding Mission to Zimbabwe in June 2002.  Following its report, the African Union (AU) adopted the Commission's findings and recommendations in January 2005.  To date, however, the majority of the recommendations have not been implemented and human rights concerns documented in 2002 remain serious problems today.

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, summarised below. 

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 police service:  The 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"

On the work of NGOs:  The report stated that "among the NGO community, we found that fear was prevalent" and made the following recommendation: "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."

On freedom of expression: The Commission stated that laws such as the 2002 Public Order and Security Act 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 [Public Order and Security Act] and Access to Information Act should be amended to meet international standards for freedom of expression".

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..."

Implementation of African Commission's recommendations

Almost none of the African Commission's recommendations have been implemented to date.  On 21 November 2005, DITSHWANELO was one of 39 organisations signing an Open Letter to the heads of state in each SADC country asking for their support in encouraging Zimbabwe to implement the African Commission's Recommendations.

Respect for the rule of law has deteriorated further since the African Commission's report was published.  It deteriorated markedly in 2005 when the government ignored national and international law to launch Operation Murambatsvina (Restore Order) - a programme of mass forced evictions and demolitions of homes and livelihoods which has left hundreds of thousands of people destitute.

In carrying out the evictions the Zimbabwe Republic Police repeatedly failed to act within the law, ignored court orders, beat people and destroyed their property.

The Private Voluntary Organisations Act remains in place. NGOs and human rights defenders continue to face harassment, arbitrary arrest and assault.

The Access to Information and Protection of Privacy Act continues to be used to close independent newspapers and arrest scores of journalists.

The Public Order and Security Act remains in place and is used selectively to prevent the political opposition, civil society and workers' groups from meeting or engaging in peaceful protest.

Rather than repeal or amend repressive laws, the Government of Zimbabwe has enacted new legislation which violates rights recognised by the African Charter on Human and Peoples' Rights. For example, Constitutional Amendment Act No. 17, enacted in September 2005, infringes on a number of rights, including the right to freedom of movement and the rights to equal protection of the law and access to the courts.

Youth training centres remain operational, although fewer in number than was the case in 2002. It is understood that graduates of the NYS are given preference for entry into tertiary training institutions and recruitment into the police force and civil service. This practice could have long-term negative impacts for human rights in Zimbabwe.

Operation Murambatsvina

Shortly after the Zimbabwe elections on 31 March 2005, on 18 May 2005, the Government of Zimambwe began Operation Murambatsvina, a campaign to forcibly clear illegal trading and housing across the country, most of which was carried out by the police, supported by the army and the green bombers.  At one level this Operation was a sudden enforcement of Zimbabwean housing and trading laws.  As such, it reflected a dramatic and tragic attempt by the Government to address the problems which had been building up as a result of years of rapid urbanisation, such as the growth of slum areas which corresponding housing and health problems.

A detailed analysis of the Operation was published on 21 July 2005 by the UN Special Envoy, Report of the Fact-Finding Mission to Zimbabwe to assess the Scope and Impact of Operation Murambatsvina
  (note, this is a 1.7MB file), which assesses the history leading to, the causes of, the actions undertaken, the legality of and consequences of the Operation.  Some of the key points made in this report are provided in this section, together with more recent updates from other sources, such as the joint Amnesty International and Zimbabwe Lawyers for Human Rights report "Zimbabwe: Shattered lives - the case of Porta Farm", published 31 March 2006.

At a Botswana first anniversary commemorative campaign in June-July 2006, Zimbabwean civil society actors maintained the operation was still being implemented. 

Note, the term "forced eviction" is used internationally to describe evictions that are carried out without due process of law.

This section summarises available information about:

• The ‘Operation'


• The Abuse of human rights and the rule of law


• More recent developments


• UN Special Envoy's Report, July 2005


• Why Operation Murambatsvina happened


• The example of Porta Farm


• Operation Murambatsvina Commemoration Campaign in Botswana, 2 June - 18 July 2006

‘Murambatsvina' is Shona for "drive out trash" or "get rid of the filth".  The Government of Zimbabwe calls it Operation "Restore Order".  It was popularly referred to as "Operation Tsunami" because of the speed and ferocity of its destruction of homes, business premises and vending sites.
 
President Mugabe and other government officials described the operation as a crackdown on illegal housing and commercial activities and an "urban renewal campaign" which was necessary to reduce the risk of the spread of infectious disease in these areas.  It was described as "restore order" by Dr Ignatious Chombo, the Minister of Local Government, Public Works and Urban Development, who said "It is these people who have been making the country ungovernable by their criminal activities." ZimOnline, 28 May 2005.  The UN Special Envoy's report noted (page 24) that "cities and towns throughout Zimbabwe witnessed the growing phenomenon of street hawkers and makeshift stands, many of which were supplying the same range of goods sold by stores in front of which they plied their business, clearly violating the rights of the formal sector which continued to pay taxes [while the growing informal sector made increasing demands on local authority resources without contributing in the form of taxes]. The Central Business District of Harare was often described by many stakeholders as an eyesore and as totally chaotic."

However, the informal sector was critically important to the Zimbabwean economy.  The UN Report concludes (page 17):  "In 1980 the informal economy was relatively small, accounting for less than 10% of the labour force. This was attributed to the various laws and bylaws that prohibited the free movement of indigenous people, especially from rural to urban areas.  With deregulation after independence and economic stagnation and decline, the informal sector share of employment grew to 20% by 1986/87, 27% by 1991 and an estimated 40% by 2004.  The informal economy had effectively become the mainstay for the majority of the Zimbabweans.  ILO reported in June 2005 that 3 to 4 million Zimbabweans earned their living through informal sector employment, supporting another 5 million people, while the formal sector employed about 1.3 million people.  Most local authorities derive substantial revenues from fees levied from informal sector activities.  For instance, Bulawayo City Council was receiving US $75,000 from vendors."

The UN report details the growing economic and housing problems which Zimbabwe was facing, particularly in relation to the rapid urbanisation.  It notes that part of the problem was that Zimbabwe had never reformed "the Regional, Town and Country Planning Act, and attendant municipal bylaws emanating from the colonial era [which had been] meant to keep Africans out of the cities by setting very high housing and development standards beyond the reach of the majority of the people" (page 56).  The standards required by these laws had made it difficult if not impossible for the Government to provide sufficient low-income housing.  Consequently, the Government had previous turned a blind eye to the informal housing and the informal economy.  For example, Statutory Instrument 216 of 1994 of the Regional Town and Country Planning Act deregulated various small businesses and, according to the UN report "sent a clear signal to local authorities of the government's desire to promote the informal economy in residential areas."  The Special Envoy concludes (page 26) that "the sudden decision by central government to enforce laws and standards is clearly inconsistent with its own policy statements that had previously identified those same instruments as an obstacle to the provision of housing for low-income groups."

The UN report states (page 13) "the destruction and demolition first targeted so-called shanty towns in high-density suburbs and informal vending and manufacturing operations.  It was then extended to settlements on farms in peri-urban and rural areas.  More than 52 sites were affected and practically no area designated as ‘urban' was spared."

The problem was that no alternative housing was provided.  In an effort to reverse the urbanisation process, people whose homes were demolished were told to return to the rural areas or face further action from the police and Central Intelligence Organisation.  Education Minister, Aeneas Chigwedere, claimed that there is "nobody in Zimbabwe who does not have a rural home", according to an article on 15 June 2005.  In fact, many of the people affected originated from neighbouring countries and therefore did not automatically have a rural base in Zimbabwe.  Furthermore, as the UN report points out, in the case of women, their position in society means they do not have legal ownership of rural land and therefore those evicted were often unable to generate an income in rural areas.

The greatest and most immediate problems for people evicted were the lack of food and the lack of shelter, given that it was mid-winter.

The Government had already acknowledged the poor harvest and severe food shortages in the rural areas when in June 2005 it had told the UN World Food Programme (WFP) that it was planning to import food and would accept food aid.  Despite this, the authorities forcibly displaced truckloads of people at a time to rural areas, often simply abandoning them at a bus stop or local authority office with no access to shelter and little or no food or water. 

The situation was made worse by Zimbabwe's ongoing fuel shortages.  For those who did have a place to go but did not get government transport, Zimbabwe's fuel crisis made travelling long distances either impossible, or prohibitively expensive.  Those with fuel were charging more than 10 times the official price.

Where people reached a rural area, it was typically already poor and starving and they brought no job, food, furniture or house.  They were typically at the mercy of a ZANU-PF dominant rural leadership to whom they had to appeal for a space to live and even for access to food.

Those who could not reach rural areas were forced to crowd in where possible with friends or family, creating massive overcrowding.  Others resorted to sheltering in church yards or were forced to sleep rough, even young babies, women about to give birth, the elderly and the infirm.  Still others were forced to accept the government's ‘camps', despite insufficient provision of basic facilities.

At DITHSWANELO's seminar on 6 July 2006, Father Mkaronda described how his church had provided shelter to many of the victims of Operation Murambatsvina when they were suddenly made homeless.  Government officials periodically evacuated the church premises and forcibly relocated the people.  But with no suitable accommodation at the new location, some, he said, would walk distances of 100 kilometres or more to return to his church for refuge.

According to "Operation Murambatsvina: An Overview and Summary", a Sokwanele Special Report dated 18 June 2005, the operation began when the Government, under the auspices of the Ministry of Small and Medium Enterprises Development, arrested 20,000 vendors countrywide, destroying their vending sites and confiscating their wares.  Thousands more escaped arrest, but lost their livelihoods.  In Bulawayo, despite City Council requests that the Government appreciate that many vendors in Bulawayo were legal, police riot squads demolished all legal vending structures and arrested legal vendors. 

The Sokwanele Report notes that Government Ministers had actually opened some of the sites which were demolished in Murambatsvina, such as Unity Village in Bulawayo's Main Street.  Similarly, the press statement issued by the Zimbabwe Human Rights NGO Forum on 3 June 2005, said that prior to Operation Murambatsvina, the Government had for several years acquiesced and in some instances actually encouraged the establishment of the settlements and other illegal structures. 

The change in approach may be partly explained by the UN Special Envoy's statement (page 7), that the Operation "was implemented in a highly polarised political climate characterised by mistrust, fear and a lack of dialogue between Government and local authorities, and between the former and civil society."

The Sokwanele Special Report notes that police were reported selling goods which they had taken from vendors.  The UN report adds that "eyewitnesses said the police beat some people who offered resistance, or who did not demolish their houses quickly enough."

The UN report's overall conclusion (page 7) is that (within the first two months of the campaign) "some 700,000 people in cities across the country have lost their homes, their source of livelihood or both.  Indirectly, a further 2.4 million people have been affected in varying degrees.  Hundreds of thousands of women, men and children were made homeless, without access to food, water and sanitation, or health care.  Education for thousands of school age children has been disrupted.  Many of the sick, including those with HIV and AIDS, no longer have access to care.  The vast majority of those directly and indirectly affected are the poor and disadvantaged segments of the population. They are, today, deeper in poverty, deprivation and destitution, and have been rendered more vulnerable."

The communities affected by Operation Murambatsvina were among the poorest and most vulnerable in Zimbabwe.  In several cases, such as Porta Farm, they had been the victims of previous forced evictions carried out by the authorities. They were given almost no notice before their homes were demolished and no alternative accommodation was provided.

Violation of the rule of law

The Zimbabwe Human Rights NGO Forum press release of on 3 June 2005 states that the Operation is in violation of Zimbabwe's own laws and Constitution, as well as the International instruments to which Zimbabwe is a signatory.  For example, under Section 199 of Zimbabwe's Urban Councils Act, the authorities were required to give 28 days notice to evictees and the opportunity to contest the legality of the actions through a court of law.  Under the terms of the International Covenant on Economic, Social and Cultural Rights, no government can evict people without having made an alternative plan to house them. 

The joint Amnesty / ZLHR report on Porta Farm lists a range of infringements of international instruments to which Zimbabwe is a state party, specifically:

• The International Covenant on Economic, Social and Cultural Rights (ICESCR)


• The International Covenant on Civil and Political Rights (ICCPR)


• The African Charter on Human and Peoples' Rights (African Charter)

• The right to adequate housing (Article 11(1), ICESCR;  Article 14, African Charter).


• The right not to be subjected to arbitrary or unlawful interference with one's privacy, family and home (Article 17, ICCPR;  Article 18, African Charter).


• The right to life and the right to physical and mental integrity, which were violated by the manner in which the forced evictions were carried out (Articles 6, 7 & 9, ICCPR;  Articles 4 & 5, African Charter).


• The right to an effective remedy (Article 2(3), ICCPR;  Article 7, African Charter).


• The right to freedom of movement and choice of residence, violated in the subsequent forced displacement of those affected by forced evictions (Article 12, ICCPR;  Article 12, African Charter).


• The right to an adequate standard of living (Article 11(1), ICESCR) which was violated by the Government's failure to ensure even minimal essential levels of water, food and housing of those who were internally displaced as a result of government action.

Further details of the violations of national and international laws are provided in Section 6 of the UN Special Envoy's Report.

Operation Garikai / Hlalani Kuhle & more recent developments

On 29 June 2005 the Government of Zimbabwe launched Operation Garikai / Hlalani Kuhle, a programme intended to provide new housing and premises for small business, ostensibly to address the needs of those affected by Operation Murambatsvina.  "Garikai" and "Hlalani Kuhle" both mean "live well" in Shona and Ndebele respectively.

In many places where settlements and vending sites were cleared, the land is now being reused.  Vendors' licences are being reissued and houses being built.  The UN Special Envoy believed that this programme of reconstruction "illustrates, to a large extent, recognition of its responsibility to protect its citizens" (page 64)  However, the UN Special Envoy did not believe that even with the best will the Government of Zimbabwe had the resources or the capacity to address the extent of the needs which the Government's Operation Murambatsvina had created.

Other commentators view the Operation differently.  According to the Sokwanele Special Report licences are being granted only to those who have a valid ZANU-PF card and housing sites are being allocated to members of the army and police.

In a press statement published on 3 July 2006 by a Zimbabwean paper ‘The Herald' and in Botswana on 6 July 2006 by the Daily News, the Zimbabwean Government claimed that 5,581 new homes had already been built to re-house the people whose illegal homes were demolished in Operation Murambatsvina, and claimed that many of these people have been successfully relocated to suitable accommodations. 

The latter claim was refuted by Dr John Makumbe, of University of Zimbabwe and Head of the Zimbabwe branch of Transparency International, speaking at DITHSWANELO's seminar on 6 July 2006 , who said:

• The number left homeless by Operation Murambatsvina far exceeded the capacity of homes constructed by the Government.


• The new houses built by the Government of Zimbabwe have gone to army and police people - the perpetrators of the demolition, not to ordinary citizens.


• Even the houses which have been built are not finished.  For example, the plumbing was not completed and so the toilets do not work.  When people come for inspection, water is poured into the cisterns so they appear to flush, but the waste water simply flows into the ground outside the house.

"...many people are being allocated small bare plots of land, often without access to water and sanitation, on which they have to build their own homes with no assistance.

"'The Zimbabwean government has attempted to cover up mass human rights violations with a public relations exercise', said Kolawole Olaniyan [Amnesty International's Africa Programme Director] ...'Now the Zimbabwean government is unabashedly asking them to pay for incomplete and sub-standard structures - or for the stands on which to build a home - at prices that would have been well beyond their reach even before their homes and livelihoods were destroyed last year.'"

A joint Amnesty International and Zimbabwe Lawyers for Human Rights - ZLHR report "Zimbabwe: Shattered lives - the case of Porta Farm" was published on 31 March 2006.  It concludes that Operation Murambatsvina has led to a serious humanitarian crisis.  As a direct consequence of the operation, hundreds of thousands of people were arbitrarily displaced; they are now living as internally displaced persons (IDPs), scattered across the country.  In many cases they are still (then almost a year later) living without access to adequate shelter, food, water or sanitation.  Despite compelling evidence of human suffering presented by the UN, churches and non-governmental organisations, the government of Zimbabwe has repeatedly denied the scale of the crisis and obstructed the delivery of humanitarian aid to victims.

For example, in the case of the former Porta Farm residents, several thousand were moved to Hopley Farm, which was simply bare land with no facilities.  Video footage shot by Amnesty International on 4 August 2005 showed that the vast majority of people there were sleeping in the open or in makeshift tents or whatever shelter they could find.  There were no toilets and the entire community was forced to defecate in the bush around the camp, creating a serious health risk.  A government water tank brought an irregular supply of clean water, which was not sufficient to ensure everyone had access to a minimum essential supply of clean water for drinking and sanitation.  No food was provided and people were gravely concerned about how they would find sufficient food to survive.

Not only did the Government fail to provide basic facilities, but a checkpoint was established at Hopley Farm which prevented anyone other than government officials from accessing the people living there.  During 2005, when news of the plight of those at Hopley Farm became known, organisations - including the UN - that went to the camp seeking to help the people were turned away by police and military officers.  Community leaders at Hopley Farm were singled out for threats and harassment by ruling party youth and government officials because they were believed to have given information on the situation to human rights organisations.

More recently, the UN has been able to negotiate some humanitarian access to Hopley Farm and provided water and sanitation and food aid.  However, conditions remain very poor and as of January 2006, people continued to be wholly reliant on humanitarian aid to survive.  The UN was prevented from providing proper emergency shelter and so the majority of people continued to live in makeshift shacks.  A few plots / stands of land had been allocated and by February 2006 a very small number of houses had been constructed.  However, the stand allocation processes is not backed by any legal documents which would guarantee security of tenure, leaving people vulnerable to further evictions.

UN Special Envoy's Report, July 2005

Report of the Fact-Finding Mission to Zimbabwe to assess the Scope and Impact of Operation Murambatsvina

"Concerned by the adverse impact of the Operation on the lives of the urban poor, the Secretary-General of the United Nations appointed a Special Envoy on Human Settlements Issues to assess the situation and present recommendations on how the conditions of those affected may be addressed."  (Page 2) UN-HABITAT's Under-Secretary-General and
Executive Director, Mrs Anna Tibaijuka, was appointed on 20 June 2005 as the Special Envoy and the mission was undertaken between 26 June and 8 July 2005. 

Much of the information and analysis provided in this report is quoted above in the explanation of Operation Murambatsvina.  Some further recommendations made by the report are provided below.

On pages 7-8 the report concludes that "the Special Envoy's findings and their implications are as follows:

• "Operation Restore Order, while purporting to target illegal dwellings and structures and to clamp down on alleged illicit activities, was carried out in an indiscriminate and unjustified manner, with indifference to human suffering, and, in repeated cases, with disregard to several provisions of national and international legal frameworks.  Immediate measures need to be taken to bring those responsible to account, and for reparations to be made to those who have lost property and livelihoods.  In parallel, other confidence-building measures need to be taken to restore dialogue between the Government of Zimbabwe and civil society.


• "Even if motivated by a desire to ensure a semblance of order in the chaotic manifestations of rapid urbanisation and rising poverty characteristic of African cities, none the less Operation Restore Order turned out to be a disastrous venture based on a set of colonial-era laws and policies that were used as a tool of segregation and social exclusion.  There is an urgent need to suspend these outdated laws and to review them within the briefest time possible to ensure the sustainability of humanitarian response and to set the stage for meaningful physical reconstruction and the restoration of livelihoods.  There is an immediate need for the Government of Zimbabwe to revise the outdated Regional Town and Country Planning Act and other relevant Acts, to align the substance and the procedures of these Acts with the social, economic and cultural realities facing the majority of the population, namely the poor.


• "The humanitarian consequences of Operation Restore Order are enormous.  It will take several years before the people and society as a whole can recover.  There is an immediate need for the Government of Zimbabwe to recognise the virtual state of emergency that has resulted and to allow unhindered access by the international and humanitarian community to assist those that have been affected.  Priority needs include shelter and non-food items, food and health support services.


• "Any humanitarian response can only be meaningful and sustainable if it contributes to the long-term recovery and reconstruction efforts of the Government and of its people.  Zimbabwe is not a country at war and it remains peaceful.  By African standards, it has a well maintained physical infrastructure.  The international community should engage the Government of Zimbabwe and help it to address some of the issues and causal factors that led to the present predicament.  These include, first and foremost, the lack of security of tenure for the poor.  They also include conflicting and outdated housing and urban development policies, overlapping jurisdictions, and a lack of clear definition of and respect for the respective roles and competencies between central and local spheres of government."

Later in the report there is an initial assessment of whether Operation Restore Order constituted "crimes against humanity", although this question was not a part of the Special Envoy's mandate.  The report concludes that to prosecute under the Statute of Rome may not be successful and is likely to be a protracted process which would distract from the urgent humanitarian needs.  Rather, the report reiterates (page 66) "that the culprits who have caused this man-made disaster are best handled and brought to book under Zimbabwean national laws" and Recommendation 11 (page 9) "The international community should encourage the Government [of Zimbabwe] to prosecute all those who orchestrated this catastrophe and those who may have caused criminal negligence leading to alleged deaths, if so confirmed by an independent internal inquiry/inquest."

The UN Special Envoy's report several times makes the point that "Operation Restore Order has to be understood within the broader context of the urbanisation crisis in Africa."  It calls (page 27) on the Government of Zimbabwe to recognise the need to take a pro-poor gender-sensitive approach to urbanisation and to delegate authority to local authorities to develop policies through social dialogue and allow them to implement those policies without undue influence from central government.  It also "recommend[s] that the international community draws lessons from the Zimbabwe crisis for the entire African continent... without a more concerted approach to promote urban environmental sustainability (Goal 7, target 10 on water and sanitation, and target 11 on slum upgrading and prevention of the Millennium Declaration), the other countries in Africa could well experience another "Operation Restore Order" sooner than later." (Recommendation 12, page 10.)

Why Operation Murambatsvina happened

The Zimbabwean government has argued that Operation Murambatsvina is about restoring order, applying the law where trading and housing were illegal and creating health, economic and other problems.  However, the timing of the clearances, so soon after the disputed parliamentary elections on 31 March 2005, combined with the contradictory nature of the operation, has prompted commentators to offer alternative explanations for the demolitions, most saying that the truth is probably a combination of several of the following.

The opposition Movement for Democratic Change (MDC) argued that the government's main reason for Murambatsvina was to punish the urban poor for voting for the opposition during the elections.  The cities are traditionally MDC strongholds, and, in fact, the Harare Commission that initiated the campaign was set up to override the governing powers of the elected MDC City Council.  The retribution rationale may be slightly undermined by the fact that some Zanu-PF supporters were also been caught up in the squatter camp clearances.

Commentators also argue that by forcing urban voters out into the rural areas the cities would be de-populated of MDC supporters thus enabling the government to re-populate the shanty town areas with Zanu-PF supporters.  Further, MDC supporters will be forced into areas which are traditionally Zanu-PF strongholds, thereby making their votes less relevant.

The population movement would therefore strengthen the Zanu-PF for future elections while at the same time dispersing those people most likely to engage in any potential mass uprisings against the government following the March 2005 elections.  Some commentators believe there was a real concern that resentment might have exploded into revolution.

Believing that protests immediately following the elections could have been controlled through the police and army, the Zimbabwe Human Rights NGO Forum advanced another, longer-term reason for pre-emptively dispersing citizens living in opposition party strongholds.  The Forum pointed to the fact that the government faces an unprecedented economic crisis characterised by fuel and food shortages, hyperinflation and virtually no foreign currency.  To resolve the crisis, they argued that the Zanu-PF government may be forced, against its will, to re-engage with the international community.  To get international support would require a reversal of the government's whole style of governing.  It would require adherence to the rule of law, an end to political violence and repression, opening of the press and media space, and a cessation of all interference with citizens' basic freedoms.

The Forum suggestion is that if totalitarian controls were relaxed to satisfy international principles and standards, the government would suddenly be exposed to greatly heightened protest and civic pressure.  Murambatsvina's population dispersal may therefore have been intended to enable better population control after heavy-handed measures are dispensed with.

The example of Porta Farm

As detailed in the 31 March 2006 AI/ZLHR Report, Porta Farm was an informal settlement which in June 2005 was home to between 6,000 and 10,000 people.  It was established by the Government in 1991 following a series of forced evictions in Harare, originally started as part of an exercise to "clean up" Harare ahead of a Commonwealth Heads of Government Meeting.  Those relocated to Porta Farm were told by Harare City officials that their stay there would be temporary and Harare City Council, with the assistance of central government, would permanently resettle them elsewhere.  While some people were resettled, the population of Porta Farm grew over the years as new people - many made homeless as a result of other forced evictions around Harare - moved to the area.

Although the experiences of the people of Porta Farm are similar in many respects to other communities affected by Operation Murambatsvina, the residents of Porta Farm had faced several previous attempts by local and national authorities to forcibly evict them and have fought to secure their right to housing, including through looking to the courts for protection.  In separate rulings on planned evictions at Porta Farm in 1995 and again in 2004, the High Court of Zimbabwe clearly stated that the people of Porta Farm should not be evicted unless and until the authorities ensured the provision of suitable alternative accommodation. 

The case of Porta Farm therefore highlights the Government of Zimbabwe's increasing willingness to subvert the authority of the courts.  This erosion of the rule of law has seriously undermined the role of the legal system in protecting human rights in Zimbabwe, leaving victims of violations with little choice but to seek justice at the international level.

Having given the residents of Porta Farm less than 24 hours notice of the impending forced eviction, heavily armed police in riot gear started to bulldoze the houses early on the morning of 28 June 2005 and continued on 29 June.  In between, thousands of people were forced to sleep outside in the rubble in mid-winter.  On the 29th the police also began to forcibly remove people on the back of trucks.  During the chaos several deaths occurred, including those of two children.

The Porta Farm evictions took place while the UN Special Envoy, Mrs. Anna Tibaijuka, was in Zimbabwe.  Members of the Special Envoy's team visited Porta Farm and witnessed demolitions and forced removal of the people in police and government trucks.  The subsequent report of the UN Special Envoy describes how the team was "shocked by the brutality" of what they witnessed.  

Several thousand of the people evicted from Porta Farm ended up in Hopley Farm.  The dire conditions there are described in More Recent Developments.

Operation Murambatsvina Commemoration Campaign, 2 June - 20 July 2006

Between 2 June and 20 July 2006, five civil society organisations in Botswana formed the Botswana Civil Society Solidarity Coalition for Zimbabwe (BOCISCOZ) and organised a schedule of events as a first anniversary commemorative campaign to increase understanding in Botswana about Operation Murambatsvina. 

The campaign supported and encouraged the work of Zimbabwean civil society organisations by showing solidarity with their efforts to protect human rights in Zimbabwe.  It also sought to put pressure on the Government of Zimbabwe directly and indirectly by encouraging the Government of Botswana and the governments of other SADC countries to make clear to the Government of Zimbabwe that its violations of human rights are not acceptable in the region.

The campaign achieved international awareness and, as speakers at DITSHWANELO's seminar stated, the Zimbabwean government does not like to know the world is watching their actions.  These speakers believed that if even ordinary people phone Zimbabwean authorities to ask about reported human rights abuses, it does lead to action to redress the abuse (e.g. to release arrested human rights activists).

In fact, while the campaign was being planning, including planning demonstrations in Zimbabwe, the Zimbabwean police arrested the outspoken critic of the Government of Zimbabwe, Dr John Makumbe, of the University of Zimbabwe and Head of the Zimbabwean branch of the anti-corruption organisation, Transparency International.  At the same time they arrested a foreign delegate at its Zimbabwean Congress of Trade Unions (ZCTU) congress.  The ZCTU, which has challenged the corruption, human rights violations and poor governance of the ZANU-PF since the 1990s, was reportedly also planning massive street campaigns.  The article reports "Authorities in Harare then went on to ban public rallies, marches and prayer meetings planned for next weekend to mark the government's controversial exercise [Operation Murambatsvina] for fear the commemoration could easily turn into anti-government protests. Dr Makumbe said the government knows the people are hungry and angry."

The Botswana Civil Society Solidarity Coalition for Zimbabwe (BOCISCOZ) consisted of the Botswana Council of Churches (BCC), the Botswana Council of Non-Governmental Organisations (BOCONGO), the Botswana Secondary Teachers Trade Union (BOSETU, formerly BOFESETE), DITSHWANELO - The Botswana Centre for Human Rights and the Media Institute of Southern Africa (MISA) Botswana Chapter.

Aiming to draw the attention of the Botswana public to the situation in Zimbabwe, both directly and through subsequent media coverage, the campaign events included a church service, DITSHWANELO's sixth seminar on Zimbabwe, a power-point presentation and two marches and rallies through the streets of Gaborone with banners and loud-speakers informing the passing public about the purpose of the march.  See also the summary of press statements.

Drawing on the information presented by Zimbabwean speakers and discussed at these various events, during the campaign BOCISCOZ drew up a petition to the Government of Botswana signed by members of the Coalition.  Independently, the Amnesty International Student Group at Maru-a-Pula School, prepared a petition to the Embassy of Zimbabwe and promoted it for public signature. 

The Botswana commemorative campaign culminated in the presentation on 20 July 2006 of the BOCISCOZ petition and a copy of the Amnesty International petition to the Minister of Foreign Affairs, Lt Gen Mompati Merafhe, who received them on behalf of President Mogae, in his dual capacities as President of Botswana and chairperson of the Southern African Development Community (SADC).
 
The BOCISCOZ petition summarises the concerns about the political, social and economic situation in Zimbabwe, calling on the governments of SADC to take more direct action.  The Amnesty International petition focuses on the atrocities committed at Porta Farm during Operation Murambatsvina.

The campaign generated wide media coverage and subsequent letters to newspaper editors and radio discussions indicate that the campaign was highly successful in raising public awareness about the situation in Zimbabwe.  Articles available online include: Hon Botsalo Ntuane, Specially Elected Member of the Parliament writing in The Monitor on 10 July 2006, and Dan Moabi's "Whither Botswana" column in Mmegi on 27 July 2006.

BOCISCOZ Schedule of Events, 2 June - 20 July 2006

WEEK 1:   2-9 June 2006
         Press Statements Released to the Media
         Organised by DITSHWANELO, as Secretariat of BOCISCOZ

WEEK 2:   9-16 June 2006
         Wednesday 14 June, 5.15 pm
         Prayer Service, Anglican Cathedral
         Organised by the Botswana Council of Churches
        
WEEK 3:    16-23 June 2006
         Saturday 17 June, 9.00am
         Awareness March & Rally, Gaborone
                  Organised by MISA and BOCONGO

WEEK 4:    23-30 June 2006
         Thursday 22 June, 2:30-4:30pm
         Amnesty International Petition-Signing Campaign, Maru-a-Pula School
         Organised by Maru-a-Pula Amnesty International Student Group

WEEK 5:   30 June - 7 July 2006
         Wednesday 5 July
         Focus Seminar on Zimbabwe, Gaborone Sun
         Organised by DITSHWANELO - The Botswana Centre for Human Rights

WEEK 6:   7-14 July 2006
         An Artists Week was to have been organised in association with the Thapong Visual Arts Centre in The Village, Gaborone.  However, recognising that some Zimbabwean artists feared persecution by the Government of Zimbabwe, this event was postponed.

WEEK 7:   14-18 July 2006
         Thursday 20 July
         Petition March & Presentation, Government Enclave
         Organised by MISA and BOCONGO

DITSHWANELO's sixth seminar on Zimbabwe, 6 July 2006

This seminar, hosted as part of the BOCISCOZ campaign commemorating the first anniversary of Operation Murambatsvina, was the sixth seminar on Zimbabwe hosted by DITSHWANELO since 2000.  A detailed report is available about the fifth seminar held 4 August 2005.  Each of the six seminars has been organised with the aim of enabling Zimbabwean civil society to provide information about what has been happening in Zimbabwe to interested persons in Botswana, including government officials, diplomats, academia, researchers, the Church, NGOs and other civil society members.  With information from Zimbabwe often dominated and controlled by the Government of Zimbabwe because of Zimbabwe's lack of independent media and the government‘s refusal to allow in any foreign media, the seminars provide an alternative source of information to people in Botswana and seek to inspire them to action. 

This, the sixth, seminar involved a panel of four speakers from Zimbabwe:
Dr John Makumbe of the University of Zimbabwe & Head of the Zimbabwean branch of Transparency International
Mr Itai Zimunya and Father Nicholas Mkaronda of Crisis in Zimbabwe Coalition
Ms Jenni Williams of Women of Zimbabwe Arise - WOZA

Following presentations of their various perspectives on the current situation in Zimbabwe, there was a two-hour period of questions and discussion. 

The seminar gave the opportunity for delegates to gain a more detailed insight into the situation in Zimbabwe, including how successful past actions have been in changing or moderating action by the Government of Zimbabwe and what outsiders can do to help.  The latter issues are summarised in Effectiveness & outside help.  Some of the issues discussed at the seminar informed the subsequent BOCISCOZ Petition. 

An invitation to the Focus Seminar had been extended to Zimbabwean Ambassador Mandigora which he declined, saying in a letter addressed to Ms Mogwe of DITSHWANELO, "We will not legitimise your campaign against Zimbabwe by attending your so-called focus seminar on our country."  In discussion between the Ambassador and Ms Mogwe, the Ambassador asked Ms Mogwe to inform the participants why he would not be attending the seminar.  To avoid Ms Mogwe putting words into his mouth, it was agreed that his letter would be read out to the seminar participants.

The four speakers provided perspectives on political, economic, land and legal issues in Zimbabwe, and the representatives of the Church and Women of Zimbabwe Arise (WOZA) spoke about their experiences.  Issues related to Operation Murambatsvina are provided in that section.  Other key points made were:

• 90-95% of Zimbabweans now live in poverty.  Dr Makumbe pointed out: "The economy of any country operates strictly on the basis of truth...You cannot rig the economy. You have it or you don't have it". 


• Inflation has reached 1200% by even the Zimbabwean government's own estimation; independent analysts believe it is over 2000%.


• Freedom will not come for free, there will be a price to be paid - pain.  Zimbabweans must be prepared to experience pain to gain freedom.


• Although the law should protect rights, several recent Constitutional Amendments have now created human rights violations.  Violations include:


• Removal of land issues from the Courts' jurisdiction


• The government now has the right to take away an individual's passport (five were so taken in October 2005)


• The government now has the right to break up gatherings, including in church


• Media is monitored and the independent media has all been closed.  There are also efforts to prevent Zimbabweans having electronic access to international websites and other sources of news


• The law is applied selectively, according to political party membership


• There have been a large number of human rights abuses.  Since July 2001, the Crisis in Zimbabwe Coalition has monitored 15,523 such cases, 90% of which have been perpetrated by the police.


• Increasing militarisation, for example, the Independent Electoral Commission is chaired by an ex-Military and staffed by former state intelligence officers,

BOCISCOZ Petition to President Mogae

Our neighbours in Zimbabwe are living in a state of political, social and economic crisis.

Freedom of speech, freedom of the press, and freedom of association are systematically denied to the citizens of Zimbabwe. According to reports shared during the seven week commemoration period of Operation Murambatsvina, poverty has affected the majority of the population. Inflation is currently at 2000 percent, the highest in the world by a vast margin. Indeed, cooking oil, bread, and women's sanitary items are ‘luxuries' in Zimbabwe, as they are too expensive for much of the population to afford, or are simply not available. Rapidly escalating school fees have made education inaccessible to many children. In "Operation Murambatsvina," implemented by the central government, many of the most impoverished and vulnerable Zimbabweans were deprived of their homes.

To escape these hardships, many Zimbabweans have fled poverty, hunger, and oppression and have entered neighbouring countries. While some have left to seek professional opportunities now available only outside Zimbabwe and are thriving in their new environment, others, perhaps poor and uneducated, cannot secure residence and work permits, and are denied refugee status. Under these circumstances, any individual might find it difficult to provide for him or herself.

It has become apparent that many Batswana are concerned with the rapid influx of immigrants in past years, both documented and undocumented. This concern has manifested itself positively through calls in Botswana for justice in Zimbabwe, and negatively in others who have responded with xenophobia, and even abuse of Zimbabweans.

The Botswana Council of Churches (BCC), The Botswana Council of Non - Governmental Organisations (BOCONGO), The Botswana Secondary Teachers Trade Union (BOSETU, formerly BOFESETE), DITSHWANELO - The Botswana Centre for Human Rights and the Media Institute of Southern Africa (MISA) Botswana Chapter are concerned that there does not seem to be an end in sight to the crisis in Zimbabwe. Instead, what is apparent is an ever-worsening situation which has led to economic hardships and other miseries for the ordinary citizens of Zimbabwe. As members of the various civil society organisations in Botswana, we have therefore formed a coalition which resolves to act in solidarity with the people of Zimbabwe. DITSHWANELO is coordinating the activities of The Botswana Civil Society Solidarity Coalition for Zimbabwe (BOCISCOZ).

We, The Botswana Civil Society Solidarity Coalition for Zimbabwe (BOCISCOZ), present this petition, with the goals of highlighting the plight of the people of Zimbabwe and communicating our appeal to our Governments in the SADC region to engage the Government of Zimbabwe more directly.

Silent diplomacy has not been effective in addressing the situation in Zimbabwe. The truth must be spoken, and the state of the crisis in Zimbabwe acknowledged by all the Governments of the SADC region. ‘Smart' sanctions, which target only those abusing their positions of power and oppressing the citizens of Zimbabwe, should be seriously explored by the Botswana Government and the civil society.

A durable solution must be found and implemented which addresses not only the symptoms of the crisis in Zimbabwe which are apparent in Botswana, but also the core problems facing the people in Zimbabwe. Only when the people of Zimbabwe are safe in their homes and have the legitimate opportunity to live and work, can balance be restored to Zimbabwe and to the region. 

20 July 2006
Gaborone

Signed,

David Modiega (Mr)
The Botswana Council of Churches (BCC)

Baboloki Tlale (Mr)
The Botswana Council of Non-Governmental Organisations (BOCONGO)

Alice Mogwe (Ms)
DITSHWANELO - The Botswana Centre for Human Rights

Modise David Maphanyane (Mr)
The Media Institute of Southern Africa (MISA) Botswana Chapter

Eric Ditau (Mr)
The Botswana Secondary Teachers Trade Union (BOSETU, formerly BOFESETE)                                       

Amnesty International Petition to the Government of Zimbabwe Marking the First Anniversary of Operation Murambatsvina

What happened?

27 June 2005 - Approximately one month after the start of Operation Murambatsvina ("Restore Order"), police officers came to Porta Farm and distributed fliers telling residents to pack up their property and leave their homes. The police told the residents they would be back the following morning, giving them less than 24 hours to comply.

28 June 2005 - Early in the morning a convoy of vehicles and police descended on Porta Farm. The police were heavily armed. Residents watched hopelessly as bulldozers and police officers in riot gear reduced their homes to rubble. Police officers reportedly threatened the residents, saying that anyone who resisted eviction would be beaten. The destruction of Porta Farm went on all day - only ending when darkness fell. Thousands of people were forced to sleep outside in the rubble in mid-winter.

29 June 2005 - The police returned to continue with the demolitions. They also began to forcibly remove people on the back of trucks. The Porta Farm evictions took place while the UN Special Envoy, Mrs. Anna Tibaijuka, was in Zimbabwe. Members of the Special Envoy's team visited Porta Farm and witnessed demolitions and forced removal of the people in police and government trucks. The subsequent report of the UN Special Envoy describes how the team was "shocked by the brutality" of what they witnessed. Local human rights monitors reported that during the chaos several deaths occurred, including those of two children.  

The communities affected by Operation Murambatsvina were amongst the poorest and most vulnerable in Zimbabwe. In several cases, such as Porta Farm, they had been the victims of previous forced evictions carried out by the authorities. They were given almost no notice before their homes were demolished and no alternative accommodation was provided.

We, the undersigned support the Botswana Civil Society Solidarity Coalition for Zimbabwe (BOCISCOZ) in marking the anniversary of Operation Murambatsvina.

• We wish to state that we are shocked by the brutalisation of the victims of Operation Murambatsvina who were amongst the poorest and most vulnerable in Zimbabwe.
  
  
•  We also pledge our solidarity to the ordinary citizens of Zimbabwe who are currently experiencing hardships and other miseries as a result of the ever-deepening crisis in Zimbabwe.

Government of Zimbabwe Press Statement, 6 July 2006

This statement was published on 3 July 2006 by a Zimbabwean paper ‘The Herald' and on 6 July 2006 in Botswana where it comprised a full page of the Daily News.  It is reproduced here exactly as printed in the ‘Daily News', including typographical errors, because it does not appear to be available on the Daily News website, which happened to undergo a major revamp on 6 July 2006. 

THE BOTSWANA CIVIL SOCIETY COALITION FOR ZIMBABWE CAMPAIGN AGAINST THE COVERNMENT OF THE REPUBLIC OF ZIMBABWE

Thursday July 6, 2006 No. 126 Page 13, Daily News, Botswana.

An organization calling itself the Botswana Civil Society Coalition for Zimbabwe (BOCISCOZ) comprising Botswana Council of Churches, the Botswana Council of Non-Governmental Organisations, the Botswana Federation of Secondary School Teachers, the Botswana Centre for Human Rights and the Media Institute of Southern Africa (MISA) Botswana Chapter conducted a solidarity church service for so called "victims of political and socio-economic situation in Zimbabwe" at the Anglican Cathedral in Gaborone on 14 June 2006. This was followed up by a demonstration and rally in Gaborone on 17 June 2006. Both events are part of the planned activities against the Government of Zimbabwe which the organization said will run up to 18 July 2006. Invited to this service was a western sponsored NGO, Crisis in Zimbabwe Coalition, which is well known in Zimbabwe for promoting anti-Zimbabwe activities. Four representatives of Crisis in Zimbabwe Coalition who are based in Johannesburg, South Africa namely N. Tshuma, J. Dube, Dr Ncube and N. Chikodono were invited to this service, whilst J. Mafume and P. Matambanadzo from Harare were invited to the demonstration and rally.

As it turned out, the church service, demonstration and rally were platforms for the non-governmental organizations and individuals who are linked to opposition political parties in Zimbabwe, to preach the usual anti-Zimbabwe rhetoric about good governance, the rule of law and human rights, and to plot their next actions against the Government of Zimbabwe. At the church service the four representatives of Crisis in Zimbabwe Coalition tried their best to portray Zimbabwe as a country where the rule of law does not exist, human rights are not observed and starvation is rampant. One of them even remarked that church choirs are now a rare sight in Zimbabwe as people are too starved to sign. They further claimed that Zimbabwean youth are forced to train as militias to cause political violence and even end up raping their own biological mothers.

After these presentations, a local priest remarked that the church supports the weak regardless of whether they are right or wrong.

At the rally, the speakers ranted against the Government of Zimbabwe for launching Operation Murambatsvina/Restore Order in May 2005 to clean up the urban areas of illegal structures and settlements.

It is common knowledge that Britain and her allies imposed illegal economic sanctions on Zimbabwe in 2002 which are aimed at causing social unrest in order to effect regime change. These sanctions which are aimed at reversing the land reform programme by effecting regime change, were imposed after Zimbabwe refused to accredit Pierre Schori who was supposed to lead the EU observer team to the 2002 Presidential elections. Mr Schori came to Zimbabwe on a tourist visa hence could not be allowed to observe the elections. Some EU member states had already passed their verdict that any election won by ZANU PF would not be free and fair. Besides the sanctions, some of tools that these western countries are using in their campaign to effect regime change in Zimbabwe are NGOs which they sponsor to conduct anti-Zimbabwe activities in Zimbabwe and in some neighbouring countries. The people who are being used by these western countries sadly do not fully comprehend the nature of the problem between Zimbabwe and its former colonial power, Britain, hence their focus on the symptom rather than the cause of the problem. The objective of this strategy is also to influence public opinion in other countries against Zimbabwe and ultimately influence the governments to adopt anti-Zimbabwe Government policies. This has been the case since the year 2000 when the British funded MDC political party lost that year's general elections. From that time, western countries have persistently labeled all the elections held in Zimbabwe as not free and fair despite declarations to the contrary by AU, SADC and other observer groups. It as become so obvious that their definition of free and fair elections in Zimbabwe is the victory of opposition political parties. It should however be noted that Zimbabwe was the first country to incorporate into its electoral law, the SADC Guidelines and Principles on the Conduct of Democratic Elections in March 2005.

It is not surprising that the Friedrich Ebert Foundation sponsored the demonstration and rally which were held in Gaborone on 17 June 2006. When the President of the Federal Republic of Germany was on a state visit to Botswana in April 2006, he tried his best to turn the Government of Botswana against Zimbabwe.

The real reason that Zimbabwe is being vilified is the land reform programme that she implemented to restore land to its rightful owners, the indigenous people, to correct an historical injustice that was perpetrated on the African people by the British colonial regimes. At the attainment of independence in 1980, a handful of white commercial farmers mostly of British extraction occupied more than 75 percent of the most fertile farmland, while millions of African people lived in overcrowded, barren and poorly developed Tribal Trust Lands. It has become so obvious that Britain and her allies are trying their best to use the issues of governance, rule of law, and human rights in their campaign to isolate Zimbabwe in order to effect regime change and achieve their ultimate objective of reversing the land reform programme. We are not surprised that the same NGOs which masquerade as the champions of the rights of the people of Zimbabwe are the same which support the imposition of sanctions on Zimbabwe. These illegal sanctions are meant to destroy the economy and incite public discontent and protests leading to regime change in Zimbabwe. It is however disturbing that the Botswana Council of Churches seems to be turning a blind eye to this. One wonders whether the remarks made by a local priest at the so called solidarity church service that the church should always support the weak whether right or wrong, do not apply here, where a small country is being victimized by the rich and powerful.

Statements by the speakers at the church service and rally confirm that this is part of the campaign by the British Government and their allies, to tarnish and demonise Zimbabwe with the objective of isolating it to weaken its Government and eventually effect regime change. This campaign has also been carried to the western media and to gullible media institutions in some African countries. It does not therefore come as a surprise that not a day passes, without a misleading story on Zimbabwe appearing in the newspapers or broadcast through the electronic media. Going by these reports, from the time this malicious campaign started in 2000, Zimbabwe would be virtually non-existent as a country by now.

The formation of the so-called Botswana Civil Society Coalition for Zimbabwe (BOCISCOZ) is therefore a development which should be of concern to all people who uphold the principles of sovereign equality of states and the right to self-determination of peoples.

The Government of Zimbabwe launched Operation Murambatsvina on 18 May 2005 with the primary objective of cleaning-up and ridding the urban centres of illegal structures and unlicensed trading premises. The operation was carried out within the confines of the laws of Zimbabwe. Before the evictions were carried out, occupants where given sufficient notice, and the choice to voluntarily take down their illegal structures. Most people heeded the notices. Operation Murambatsvina was not conceived as an end in itself, but as a precursor to Operation Garikai/Hlalani Kuhle whose objective is to provide decent and affordable accommodation as well as created a conducive environment that promotes the growth of small to medium enterprises. Government embarked on a massive construction programmed nationwide. By 31 March 2006, 5581 core houses had been completed and allocated to the needy. In addition, 973 stands were allocated to people on the housing list. 55 vendor marts were also completed and allocated. This programme is still on-going and apart from housing units 133 vendor marts and 158 factory shells are under construction. It should be noted that these projects are being undertaken without any external assistance since institutions like the World Bank are shunning Zimbabwe as a result of the illegal sanctions imposed on the country by the EU and the United States of America.

The Government of Zimbabwe has, since independence, undertaken a number of housing initiatives that have resulted in a well planned and serviced urban environment. Zimbabwe has indeed performed very well with regard to human settlements. This is borne out by the official statistics compiled by UN-HABITAT which showed that in 2001, against Africa's average of 74%, "only 3.4% of Zimbabwe's urban population lived in slums, a figure even lower than that for some industrialized nations that had about 6.2% of their population living in slum-like conditions.

The Zimbabwe government has also made huge strides in improving the quality of life of its citizens. Many schools, colleges, polytechnics and universities have been built since independence in 1980. By achieving a literacy rate of well over 86%, Zimbabwe surpasses most nations of the world in education, which is why its skilled people are much sought after in many parts of the world. The country's achievements have not been limited to education, but cover other areas of social, economic and greater infrastructural development. In the health sector, Zimbabwe was pronounced by the joint United Nations Programme on HIV and AIDS as the only country in Southern Africa, and one of the few on the continent, to record a decline in HIV prevalence this year. The Zimbabwe government has also virtually eradicated measles in the country. These achievements were made through home grown programmes despite the illegal sanctions imposed on the country by the European Union and United States of America. The Government of Zimbabwe also ensured that none of its citizens starved during the past successive droughts through drought relief programmes.

A report on the humanitarian and food situation in Zimbabwe that was released by a Paris-based humanitarian organization, Action Contre La Faim (ACF) released this year, concluded that the reports by the media and NGOs over the last four years that there was famine and starvation in Zimbabwe were "misleading" as "there was no famine in Zimbabwe." The report is based on the surveys that ACF conducted in Harare as well as Chipinge and Zvishavane in April/May 2005 and July/October 2005 respectively. The report attributes the economic and social challenges in Zimbabwe to drought and shortage of agricultural inputs. It also blames the stand-off between Zimbabwe and Western governments, principally the UK and the US, over the land reform programme, for worsening the hardships through the imposition of illegal sanctions on Zimbabwe. Western governments and Non-Governmental Organisations have however gone out of their way to lay the blame on the Zimbabwe Government for the hardships the country is going through.

The ACF report also found that the donors imposed restrictions on support to HIV/AIDS programmes and the health sector in general. Hence, Zimbabwe was excluded from the Global Fund for AIDS until May 2005 when a first grant of US$10 million was eventually provided against a request of more than US$300 million. Evan with that grant, Zimbabwe remained the least assisted country. On the other hand, the main donor countries have given direct political and financial support to opposition political parties in all the elections since 2000. The report recommends that western governments end their sanctions against Zimbabwe as they hurt the ordinary people, while NGOs should "stay out of politics and give priority to relief assistance and recovery activities".

Although it is often said that money is the root cause of all evil, it is still shocking to witness an individual, courageously standing before a congregation, to peddle falsehoods to the extent that the Zimbabwe Government trains youths to rape their own mothers. Such people and those working with them together with their paymasters should be unmasked and condemned with the contempt they deserve. It is most unfortunate that our places of worship are being used for such ungodly activities.

No such militia training takes place in Zimbabwe. Our Youth Training centres are for skills development.
The spirit behind the so-called Solidarity Service is however in direct contrast with events unfolding in Zimbabwe regarding the role of the church in nation building and reconciliation. The leadership of the church organizations namely the Zimbabwe Council of Churched (ZCC), and the Evangelical Fellowship of Zimbabwe (EFZ) met with the President of the Republic of Zimbabwe, His Excellency Robert G. Mugabe, on 25 May 2006 to discuss the pressing national issues of Zimbabwe and agreed to work together and engage all other stakeholders to address the challenges. The ZCC leadership received the blessings and solidarity of the Fellowship of Councils of Churches of Southern Africa prior to their meeting with President Mugabe. In this process of nation building the ZCC, EFZ, Zimbabwe Catholic Bishops Conference and Heads of Christian Denominations subsequently held a National Prayer on 25 June 2006 in Harare which was also attended by President Mugabe. As usual, church choirs graced the occaston with their popular hymns. Thus, the Church in Zimbabwe is uniting the people in order to rally them together in efforts to develop the country socially, economically and politically through the empowerment of the indigenous Zimbabweans. For, it is the indigenous peoples of Zimbabwe who are now enjoying the ownership of their land which God in his wisdom, so generously gave them  through their ancestors.

Zimbabwe will never allow a group of politically motivated NGOs that are wolves in sheepskins to interfere in her internal affairs. Zimbabwe is a sovereign state which was born out of the blood of her gallant sons and daughters who fell fighting for independence and self determination. The people of Zimbabwe will therefore, at all times, jealously protect and guard their independence and right to self determination.

In doing so, the people of Zimbabwe are fully aware of the historical fact that the democracy which the country has enjoyed over the past 26 years was not handed down from Europe, but was a natural off-shoot of the armed national liberation struggle - the Second Chimurenga. It is Zimbabweans who made their own democracy and they do not owe it to anyone, least of all, Europeans.

Zimbabwe will never be a colony again!!

Embassy of the Republic of Zimbabwe
Gaborone

29 June 2006

BOCISCOZ Campaign Press Statements

Eight press statements were released by BOCISCOZ as part of the commemoration campaign.  The full statements are available and are summarised below.

29 May 2006     Provided background on the situation in Zimbabwe and reason for the campaign.  It called on citizens and law enforcement officers to be understanding of Zimbabweans circumstance, and to treat them with humanity, even when laws have been broken.  It also invited the public to the March & Rally on 17 June.

7 June 2006      Invited the public to the Prayer Service on 14 June and the March & Rally on 17 June.

19 June 2006    Invited the public to the Amnesty International petition launch at Maru-a-Pula School on 22 June and encouraged the public to write their own letters to the Government of Botswana to encourage their action about the situation in Zimbabwe.

27 June 2006    Invited the public to sign the Amnesty International petition online and to attend the Zimbabwe Focus Seminar on 6 July and the other planned activities, including the March & Petition Rally on 20 July.

3 July 2006       Reminded the public to sign the Amnesty International petition online and to attend the Zimbabwe Focus Seminar on 6 July and the other planned activities, including the March & Petition Rally on 20 July.

10 July 2006     Invited the public to sign the Amnesty International petition online and to participate in the March & Petition Rally on 20 July.

12 July 2006     Thanked the Hon Botsalo Ntuane, Specially Elected Member of the Parliament for his statement in The Monitor on 10 July 2006, which supported BOCISCOZ's efforts and represented a voice from Botswana's Parliament speaking out about the crisis in Zimbabwe.

13 July 2006     Invited the public to sign the Amnesty International petition online and to participate in the March & Petition Rally on 20 July.

Effectiveness & outside help

At DITSHWANELO's seminars in both 2005 and 2006, speakers were asked about how effective the campaign to protect human rights in Zimbabwe has been and how outsiders can support it. 

At the sixth seminar, on 6 July 2006, the four speakers each agreed that the campaign does appear to be having some success in opening up democratic space in Zimbabwe.  Examples given were:

• Although passed by parliament, President Mugabe has not actually signed the NGO Bill which would have prevented NGOs from operating. 


• The Government of Zimbabwe knows that it can not close down the church, which provides an opportunity for people to speak out as Christians, even when the church is not speaking out officially.


• Zimbabweans are starting to believe that they do not deserve things to be so bad and to realise that they are their own liberators.  The campaign has inspired people to action and more people are involved at a grass roots level.


• The press coverage of Dr Makumbe's arrest a few weeks previously led to many people demonstrating their support for him and his work, showing community support for their actions.  Thanks to the international awareness which has been achieved, now when Women Of Zimbabwe Arise (WOZA) and other activists are arrested Amnesty International starts action within an hour and achieves their release on the same day.


• The police appear to be getting tired of arresting civil society actors; they do not always arrest activists such as WOZA members, and the police have told WOZA that they do not like what they are forced to do but they need the salary, and they ask them to keep up the good work.  The police are, after all, affected equally by the economic, healthcare, education and many other problems. 


• The campaign has achieved international awareness and the Zimbabwean government does not like to know the world is watching their actions.  Therefore, if civil society actors are arrested, even ordinary people phoning in to ask about the arrests will lead to action to release those arrested.

Given these successes, the speakers believe that Batswana can support in the following ways:

• The Church in neighbouring countries should speak to their counterparts in Zimbabwe about the fact that the Zimbabwean problems are spilling over into their country.


• Everyone should give piece work to those Zimbabweans in neighbouring countries, because their financial needs are so great.


• Phone the Zimbabwean Government officials, e.g. police or Embassy staff, when activists are arrested - show them that the world is watching their actions.


• Call on the governments of SADC countries to explain the Zimbabwean situation to their people in an effort to reduce the xenophobia.


• Take advantage of any opportunities to enable Zimbabweans to obtain scarce and needed items, such as plastic gloves for healthcare workers to provide HIV protection, and sanitary pads for women - especially those not working.

The speakers explained that to date ‘smart sanctions' have been applied, targeting only those individuals who abuse power and oppress the citizens of Zimbabwe.  For example the US, UK and Australia have placed travel bans on approximately 168 identified individual members of the Government of Zimbabwe.  All the presenters called on these ‘smart sanctions' to be intensified and extended to the children of the identified individuals, with the aim of having more of an impact on these individuals and of ensuring that they suffer the same deprivations which they are imposing on their people.  For example, Government Ministers are using some of Zimbabwe's small amount of foreign currency to send their children overseas to study.  Similarly, they are travelling to neighbouring countries for healthcare treatment.  The speakers called on extension of sanctions so that these Ministers are forced to use the same education and healthcare system as ordinary citizens.

These ‘smart sanctions' do not have an impact on ordinary citizens and Ms Jenni Williams said the issue had been discussed with their communities and was supported by them.

DITSHWANELO does not necessarily support these views about sanctions, especially in light of the following assessment, not discussed at this seminar, in the UN Special Envoy's Report on Operation Murambatsvina, "While these sanctions were not directed against the economy per se, they contributed to the polarisation of national and international media and the domestic political environment and also led to negative travel advisories that heavily affected the tourism industry." (Page 16)

The following actions were requested of Botswana by Zimbabwe civil society at our fifth seminar on 4 August 2005.

• The Government of Botswana should demand that the Government of Zimbabwe deals with the concerns and abuses documented in the reports such as that of the African Commission in 2002.  Speakers said that the world must not let the Zimbabwean regime get away with blaming its mistakes on "unruly elements", but, rather, must force the government to take responsibility for its actions.


• Civil society in Botswana should actively protest about violations of human rights in Zimbabwe, using regional and international documents and principles to illustrate Zimbabwe's non-compliance with the standards to which it has bound itself.


• Encourage SADC (the Southern African Development Community) to introduce enforceable penalties which would apply to any country that violates SADC principles.


• Ensure Botswana actions regarding Zimbabwe stick to the letter of SADC principles, for example, the Botswana mission sent in to observe the Zimbabwe elections.


• Encourage Zimbabweans in neighbouring countries to go home to Zimbabwe and make a stand against unjust laws.

DITSHWANELO's work regarding Zimbabwe

Since 2000, DITSHWANELO has supported the defence of human rights in Zimbabwe in the following ways.

• Hosted six seminars since 2000 focusing on the situation in Zimbabwe.  Each seminar has enabled Zimbabwean civil society to provide a briefing on what has been happening in Zimbabwe to interested persons in Botswana, including government officials, diplomats, academia, researchers and civil society members. The seminars provide an alternative source of information to people in Botswana and seek to inspire them to action. 


• Raised awareness within Botswana and sought to influence government views and actions by issuing press releases on all significant developments in Zimbabwe, including an Open Letter to President Mogae as part of a coordinated regional campaign, published on 21 November 2005.

Open Letter to President Mogae 

Zimbabwe must implement the African Commission's Recommendations

21 November 2005

Your Excellency,

We, the undersigned, wish to express to you our grave concern about the continuing abuse of human rights in Zimbabwe. We are asking you, as a member 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. However, the majority of these recommendations have not been implemented and 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 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 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"
On the work of NGOs...
 The African Commission's report stated that "among the NGO community, we found that fear was prevalent" and made the following recommendation:
"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."
On freedom of expression...
            The African Commission stated that laws such as the 2002 Public Order and Security Act 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 [Public Order and Security Act] and Access to Information Act should be amended to meet international standards for freedom of expression".
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..."
Almost none of the African Commission's recommendations have been implemented
Respect for the rule of law has deteriorated further since the African Commission's report was published. It deteriorated markedly in 2005 when the government ignored national and international law to launch Operation Murambatsvina (Restore Order) - a programme of mass forced evictions and demolitions of homes and livelihoods which has left hundreds of thousands of people destitute.
In carrying out the evictions the Zimbabwe Republic Police repeatedly failed to act within the law, ignored court orders, beat people and destroyed their property.
The Private Voluntary Organisations Act remains in place. NGOs and human rights defenders continue to face harassment, arbitrary arrest and assault. In March 2005, for example, police detained more than 250 women when they tried to hold a peaceful prayer vigil in Harare. Many of the women were beaten, some very badly.
The Access to Information and Protection of Privacy Act continues to be used to close independent newspapers and arrest scores of journalists.
The Public Order and Security Act remains in place and is used selectively to prevent the political opposition, civil society and workers' groups from meeting or engaging in peaceful protest.
Rather than repeal or amend repressive laws, the Government of Zimbabwe has enacted new legislation which violates rights recognized by the African Charter on Human and Peoples' Rights. For example, Constitutional Amendment Act No. 17, enacted in September 2005, infringes on a number of rights, including the right to freedom of movement and the rights to equal protection of the law and access to the courts.
Youth training centres remain operational, although fewer in number than was the case in 2002. It is understood that graduates of the NYS are given preference for entry into tertiary training institutions and recruitment into the police force and civil service. This practice could have long-term negative impacts for human rights in Zimbabwe.
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 ensure that the AU publicly calls on and supports the Government of Zimbabwe to implement the African Commission's recommendations.

Yours respectfully,

In Botswana:
DITSHWANELO - The Botswana Centre for Human Rights
Botswana Council of Non-Governmental Organisations (BOCONGO)
Media Institute of Southern Africa (MISA), Botswana
Emang Basadi Women's Association
Gender and Media in Southern Africa (GEMSA) Network, Botswana
Women and Law in Southern Africa (WLSA), Botswana
Press Council of Botswana
Botswana Council of Churches (BCC)
Cooperative for Research, Development and Education (CORDE)
Botswana Federation of Secondary School Teachers (BOFESETE)
Botswana Network on Ethics, Law and HIV/AIDS (BONELA)
Botswana Network of AIDS Service Organisations (BONASO)

In Zimbabwe:
Bulawayo Agenda
Catholic Commission for Justice and Peace
Combined Harare Residents' Association
Counselling Services Unit
Christians Together for Justice and Peace, Bulawayo
Churches in Bulawayo
Crisis in Zimbabwe Coalition
Gays and Lesbians of Zimbabwe
Human Rights Trust of Southern Africa
Legal Resources Foundation
Media Institute of Southern Africa (Zimbabwe)
Media Monitoring Project of Zimbabwe
National Association of Non-Government Organisations
National Constitutional Assembly
Nonviolent Action and Strategies for Social Change
Radio Dialogue
Solidarity Peace Trust
Women of Zimbabwe Arise
Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender
Zimbabwe Association of Doctors for Human Rights
Zimbabwe Congress of Trade Unions
Zimbabwe Human Rights Association
Zimbabwe Lawyers for Human Rights
Zimbabwe Peace Project
Zimbabwe National Pastors Conference
Zimbabwe Women Lawyers Association

Links & Zimbabwean CSOs

Crisis in Zimbabwe Coalition provides reports and press releases.

Crisis in Zimbabwe Coalition is a conglomeration of more than 350 civil society organisations, conceived in August 2001.  Its ultimate aim is to bring about democratic change in Zimbabwe.  It seeks to do this by means such as:

• Enhancing civil society's capacity to deal with the socio-economic and political crises through encouraging well coordinated strategic planning and action


• Promoting freedom and democratic values through sharing ideas and information and encouraging dialogue, tolerance and the shaping of ideas by Zimbabweans from all walks of life.


• Responding timeously to government positions regarding various key policy areas


• Covering issues which would otherwise not fall within the mandate of the major CSOs


• Highlighting, debating, conducting research and proposing solutions to the crisis in Zimbabwe

Since 2001 the Coalition's work has revolved around regional and international lobbying on the isolation of President Robert Mugabe's regime for gross human rights abuses, the muzzling of the independent media and the condoning of political violence especially targeting opposition and civil society activists.  The Coalition has also sent out large volumes of information in form of research papers, reports, alerts, statements and conducted think-tanks and public meetings on the ever-deteriorating economic and political crisis in the country.

The Coalition believes that it is only Zimbabweans who can determine the Zimbabwe that they want.  As such it has endeavoured to increase its local lobbying and advocacy initiatives.

International Crisis Group has a specific section on Zimbabwe.  The site provides a history of Zimbabwe and the conflict there and a number of research reports, articles, op-eds, speeches and media releases.

Kubatana- the NGO Network Alliance Project - is an online community for Zimbabwean activists.

Women of Zimbabwe Arise - WOZA, does not have its own website.  The following information about WOZA comes mainly from DITSHWANELO's fifth seminar on Zimbabwe, held in August 2005.

The word "woza" means "come forward".  The organisation was formed in 2002 and in 2006 a brother organisation, MOZA, was formed.  WOZA is a church-oriented, non-violent organisation which aims to demonstrate to the Government of Zimbabwe that the people will not accept the current conditions prevailing in Zimbabwe.  It seeks "evolution and not revolution... in the name of tough love".  As of August 2005, WOZA's had about 15,000 members who took part in acts of civil disobedience in defiance of unjust laws, such as handing out red roses on Valentines Day in defiance of the Public Order and Security Act (POSA), and delivering an open letter to President Mugabe calling for him to obey the UN instruments and to repeal unjust laws. 

Between 2002 and 2005, over 700 members of WOZA had been arrested and detained, either under POSA or the Miscellaneous Offences Act (which includes offences such as blocking the pavement).  By August 2005, Ms Williams, the Coordinator of WOZA, had been arrested over 22 times and her three children live in exile because of her work. 

On 11 September 2006, alone, 700 members of WOZA and MOZA held a street demonstration against the Reserve Bank's Operation Sunrise - see WOZA's Open Letter, ending in 180 arrests.  The police are seeking to charge the group under the Criminal Law (Codification and Reform) Act which came into affect at the end of July 2006.  If found guilty it could result in prison terms of up to five years.  See http://www.thezimbabwean.co.uk/viewinfo.cfm?id=2065

Zimbabwe Human Rights NGO Forum includes regular monthly and ad hoc reports on human rights violations in Zimbabwe.

The Zimbabwe Human Rights NGO Forum is a coalition of 16 human rights NGOs, working towards the reduction of organised violence and torture in Zimbabwe.  It represents victims in claiming compensatory damages against the perpetrators and produces Monthly Political Violence Reports. 

It was established after the Food Riots in 1998, following the many reports of human rights violations.  As the human rights situation continued to deteriorate, the Human Rights Forum was not disbanded but continued to monitor the human rights situation.

The Forum consists of the following NGOs:
Amani Trust
Amnesty International (Zimbabwe) (AI(Z))
Catholic Commission for Justice and Peace (CCJP)
Gays and Lesbians of Zimbabwe (GALZ)
Human Rights Trust of Southern Africa (SAHRIT)
Legal Resources Foundation (LRF)
Media Monitoring Project of Zimbabwe (MMPZ)
Non-Violent Action and Strategies for Social Change (NOVASC)
Transparency International (Zimbabwe) (TI(Z))
Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender (ZACRO)
Zimbabwe Association of Doctors for Human Rights (ZADHR)
Zimbabwe Civic Education Trust (ZIMCET)
Zimbabwe Human Rights Association (ZIMRIGHTS)
Zimbabwe Peace Project (ZPP)
Zimbabwe Lawyers for Human Rights (ZLHR)
Zimbabwe Women Lawyers Association (ZWLA)

Zimbabwean Lawyers for Human Rights - ZLHR is an up-to-date site providing a range of reports, news items, summaries of current legal cases, etc.

ZLHR consists of over 170 legal practitioners and law students across Zimbabwe.  It is a non-partisan organisation whose main objective is to foster a culture of the respect of human dignity and rights in Zimbabwe through litigation, training, research, lobbying and advocacy.

The following websites provide independent news about the current situation in Zimbabwe:

Association of Zimbabwe Journalists

The Zimbabwean, includes a specific section on human rights matters

Zimbabwe News

Zimbabwe Situation: which also provides politicians' addresses, farm links and sanctions lists.

ZimOnline