Acts of harassment and intimidation against Mr. Chikomo, Executive Director of the Zimbabwe Human Rights NGO Forum

ZWE001 / 0311 / OBS 035

Intimidation / Harassment

Zimbabwe

March15, 2011

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) and the WorldOrganisation Against Torture (OMCT), requests your urgent intervention in thefollowing situation in Zimbabwe.

Description of the situation:

The Observatory has been informed by reliable sources about thecontinuing acts of harassment and intimidation faced by Mr. Abel Chikomo,Executive Director of the Zimbabwe Human Rights NGO Forum in Zimbabwe (theForum).

According to the information received, onMarch 14, 2011, Mr. Abel Chikomo was summoned by the Law and Order Section ofthe Zimbabwe Republic Police (ZRP) at the Harare Central Police station. Mr.Abel Chikomo, accompanied by his lawyer, Mr.Harrison Nkomo, was interrogated by a police officer on the work carried out bythe Forum and its legal status. He was then informed that the investigating officerin charge was away and had not left the file or any instructions. Mr. AbelChikomo was then allowed to leave the Police station and informed that he willbe summoned to appear on a later date. Mr. Abel Chikomo had to report on March15, 2011 in the afternoon and was told that he would be summoned again at alater stage.

Over the last months, Mr. Abel Chikomo hasbeen interrogated and asked to report to the police on several occasions.According to the information received, these summons were related to activitiescarried out by the Forum, in particular the Campaign against Torture, the Transitional JusticeNational Surveyand several press statements issued in 2011 on the resurgence of politicallymotivated violence.

The Observatory is concerned that these acts form part of an ongoingtrend of harassment by the Zimbabwe Republic Police against the Forum and moregenerally against human rights defenders in the country, in the run-up to thereferendum on the Constitution likely to take place in September 2011 and theparliamentary elections due in November 2011.

The Observatory expresses its deepest concern about this summons andfears for Mr. Abel Chikomo’s physical and psychological integrity. TheObservatory calls upon the Zimbabwe authorities to immediately andunconditionally put an end to acts of intimidation and harassment against Mr.Chikomo which merely seem to aim at sanctioning his human rights activities.

Background information

On November 11, 2010, Mr. Abel Chikomo was summoned byBulawayo Law and Order police regarding the Forum's public campaign againsttorture. Bulawayo Law and Order police alleged that billboards put up by theForum and calling on the Government of Zimbabwe to ratify the Conventionagainst Torture and to outlaw torture were offensive.

On February 9, 2011, two days after the inception bythe Forum of a Transitional Justice National Survey, the Machipisa police inHarare detained two researchers from the Forum and questioned them about thissurvey. They released them only after receiving the assurance that Mr. Chikomo will report the next morning to the Machipisa Policestation.

The next day, on February 10, 2011, Mr. Chikomo wasinterrogated at the Machipisa Police Station about the work of the Forum. Thepolice also insisted on the fact that the Forum required police clearance tocarry out a survey and an authorisation from the Government of Zimbabwe. Afterapproximately two hours of questioning, the Machipisa police said it was a veryserious matter that required the intervention of the Harare Central Law andOrder Section. As a consequence, Mr. Chikomo was transferred to the latter and questioned for more than six hours.Detectives from the Harare Central Law and Order Section also visited the Forumoffices in the city of Harare on the same day accompanied by Mr. Chikomo. Afterthe visit, he was released without charges but the police insisted they willcall him later.

On March 10, 2011, two officers from the Harare Lawand Order Section visited the Forum offices and requested to meet Mr. Chikomowho was at the time out of the office. They then asked for the organisation's registrationcertificate and number under the Private Voluntary Organisations Act. The twoofficers instructed that the Executive Director should report in person withoutfail on March 14, as he has “questions to answer” and needs to provide thecertificate of registration.

Actions requested:

Please write to the authorities of Zimbabwe asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of Mr. AbelChikomo as well as all members of the Zimbabwe Human Rights NGO Forum and allhuman rights defenders in the country;

ii. Putan end to any kinds of harassment against members of the Forum as well asagainst all human rights defenders in Zimbabwe;

iii. Conformwith the provisions of the UN Declaration on Human Rights Defenders, adopted bythe General Assembly of the United Nations on December 9, 1998 and notably :

- its Article 1, which states that “everyone has theright, individually and in association with others, to promote and to strivefor the protection and realization of human rights and fundamental freedoms atthe national and international levels”;

- Article 5 (b), which states that “For the purpose of promoting and protecting human rightsand fundamental freedoms, everyone has the right, individually and inassociation with others, at the national and international levels [...] to form, join and participate in non-governmentalorganizations, associations or groups”;

- its Article 6 (b) and (c), which states that“Everyone has the right, individually and in association with others […] asprovided for in human rights and other applicable international instruments,freely to publish, impart or disseminate to others views, information andknowledge on all human rights and fundamental freedoms and [...] to study,discuss, form and hold opinions on the observance, both in law and in practice,of all human rights and fundamental freedoms and, through these and other appropriatemeans, to draw public attention to those matters”;

-and its Article 12.2, which provides that “the State shall take all necessarymeasures to ensure the protection by the competent authorities of everyone,individually and in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”.

iv. More generally, ensure in all circumstances the respect for human rightsand fundamental freedoms in accordance with in accordance with the UniversalDeclaration of Human Rights and with international and regional human rightsinstruments ratified by Zimbabwe.

Addresses:

• President of Zimbabwe, Mr.Robert G. Mugabe, Office of the President, Private Bag 7700, Causeway, Harare,Zimbabwe, Fax : +263 4 708 211 / + 263.4.70.38.58;
• Mr. Khembo Mohadi,co-Minister of Home Affairs, Ministry of Home Affairs, 11th Floor MukwatiBuilding, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax : +263 4 726 716;
• Mr. Giles Mutsekwa,co-Minister of Home Affairs, Ministry of Home Affairs, 11th Floor MukwatiBuilding, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax : +263 4 726 716;
• Mr. Patrick Chinamasa,Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice,Legal and Parliamentary Affairs, Fax: + 263 4 77 29 99 / +263 4 252 155;
• Mr. Augustine Chihuri,Commissioner General, Police Headquarters, P.O. Box 8807, Causeway, Harare,Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726 084;
• Mr. Justice JohannesTomana, Attorney-General, Office of the Attorney, PO Box 7714, Causeway,Harare, Zimbabwe, Fax: + 263 4 77 32 47;
• Mrs. Chanetsa, Office ofthe Ombudsman Fax: + 263 4 70 41 19;
• Ambassador Mr. ChitsakaChipaziwa, Permanent Mission of Zimbabwe to the United Nations in Geneva,Chemin William Barbey 27, 1292 Chambésy, Switzerland, Fax: + 41 22 758 30 44,Email: mission.zimbabwe@ties.itu.int;
• Embassy of Zimbabwe inBrussels, 11 SQ Josephine Charlotte, 1200 Woluwe-Saint-Lambert, Belgium, Fax: +32 2 762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be.

Please also write to the embassies of Zimbabwein your respective country.

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Paris-Geneva, March 15,2011

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

Tocontact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax FIDH + 33 (0) 143 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT + 41 (0)22 809 49 39 / + 41 22 809 49 29