Zambia
19.02.04
Urgent Interventions
Zambia : open letter to Mr. George Kunda, Minister of Legal Affairs of Zambia
Re: serious acts of harassment committed against Mrs. Sara Longwe’s family members
Paris-Geneva, February 19, 2004
Dear Sir,
The Observatory for the Protection of Human Rights Defenders, a joint program of OMCT and FIDH, would like to express its concern about the serious acts of harassment committed against Mrs. Sara Longwe’s family members. These have included: the kidnapping of her eldest daughter, the arrest and detention of journalist Mr. Roy Clarke, her husband, and the deportation order issued against him. Mrs. Sara Longwe is a member of United Nations Coalition of Non-Governmental Organizations (CONGO), Laureate of the 2003 Hunger Project African Leadership Prize and a well known human rights defender working on gender issues in Zambia.
On January 5, 2004, the Minister of Home Affairs signed a deportation order requiring Mr. Clarke, a British citizen, to leave the country within 24 hours. Mr. Clarke’s deportation order, was based on the grounds that he had allegedly insulted the Zambian President in his weekly ‘animal farm’ satirical column in The Post newspaper. However, according to the information received, the government’s action seems to be directed not only against Mr. Clarke but also against Mrs. Longwe for her ceaseless campaigning against gender-oppressive policies of the patriarchal regime in Zambia. Mr. Clarke and Mrs. Longwe went into hiding from January 5 to January 13 to avoid his deportation. The Minister of Home Affairs reportedly revoked Mr. Clarke’s permanent residence permit and announced that he would deport Mr. Clarke, despite a ‘stay of execution' that was ordered to allow for a judicial review of his case, which was going to be heard on January 26, 2004 by a High Court Judge.
Under current Zambian law, marriage gives neither foreign husbands nor foreign wives citizenship. Deporting Mr. Clarke would bring about a dramatic change in the couple’s family life. Mrs. Longwe lives in a three-generation household, accommodating her elderly mother (98 years old), and other relatives. They could lose their home, and be forced to live elsewhere, thus destroying their livelihood as well as their personal life.
In addition, on February 12, 2004, Mr. Clarke was arrested and detained for allegedly assaulting a police officer at the Chelston police office in Lusaka. He was released on bail the next day. On February 16, Mr. Clarke appeared before the court for his allege assault and disorderly conduct. The next hearing will be held on March 2004.
Furthermore, on February 12, 2004, Mr. Clarke’s eldest daughter was kidnapped while driving Mrs. Longwe’s car. The latter believes that the assailants meant to attack her or her husband. When they stopped the car, the assailants pointed a gun at her daughter and asked, "Where is your mother?". Later, as the hijackers drove the car with the daughter squashed onto the floor behind the driver seat, they asked for money and threatened to kill her. The hijackers said they were acting under someone else’s orders. At some point along the journey, the assailants apparently picked up another person, who the daughter overheard saying "You've got the (a) child". After two hours the hijackers dumped Mrs. Clarke’s daughter on a small dirt road in Chamba Valley. They pointed out the direction to Lusaka for her, told her the car would be found later that day and drove away.
The Observatory urges the Zambian authorities to ensure that Mr. Clarke is not deported and to end all acts of harassment against Mrs. Longwe’s family. In particular, the Observatory urges the Zambian authorities to conform with Article 1 of the Declaration on Human Rights Defenders, which provides that “[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” as well as Article 12. 2, which states “[t]he State shall take all necessary measures 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 other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”
In hope you will take these considerations and request into account,
We remain,
Sidiki KABA Eric SOTTAS Président de la FIDH Directeur de l’OMCT
Paris-Geneva, February 19, 2004
Dear Sir,
The Observatory for the Protection of Human Rights Defenders, a joint program of OMCT and FIDH, would like to express its concern about the serious acts of harassment committed against Mrs. Sara Longwe’s family members. These have included: the kidnapping of her eldest daughter, the arrest and detention of journalist Mr. Roy Clarke, her husband, and the deportation order issued against him. Mrs. Sara Longwe is a member of United Nations Coalition of Non-Governmental Organizations (CONGO), Laureate of the 2003 Hunger Project African Leadership Prize and a well known human rights defender working on gender issues in Zambia.
On January 5, 2004, the Minister of Home Affairs signed a deportation order requiring Mr. Clarke, a British citizen, to leave the country within 24 hours. Mr. Clarke’s deportation order, was based on the grounds that he had allegedly insulted the Zambian President in his weekly ‘animal farm’ satirical column in The Post newspaper. However, according to the information received, the government’s action seems to be directed not only against Mr. Clarke but also against Mrs. Longwe for her ceaseless campaigning against gender-oppressive policies of the patriarchal regime in Zambia. Mr. Clarke and Mrs. Longwe went into hiding from January 5 to January 13 to avoid his deportation. The Minister of Home Affairs reportedly revoked Mr. Clarke’s permanent residence permit and announced that he would deport Mr. Clarke, despite a ‘stay of execution' that was ordered to allow for a judicial review of his case, which was going to be heard on January 26, 2004 by a High Court Judge.
Under current Zambian law, marriage gives neither foreign husbands nor foreign wives citizenship. Deporting Mr. Clarke would bring about a dramatic change in the couple’s family life. Mrs. Longwe lives in a three-generation household, accommodating her elderly mother (98 years old), and other relatives. They could lose their home, and be forced to live elsewhere, thus destroying their livelihood as well as their personal life.
In addition, on February 12, 2004, Mr. Clarke was arrested and detained for allegedly assaulting a police officer at the Chelston police office in Lusaka. He was released on bail the next day. On February 16, Mr. Clarke appeared before the court for his allege assault and disorderly conduct. The next hearing will be held on March 2004.
Furthermore, on February 12, 2004, Mr. Clarke’s eldest daughter was kidnapped while driving Mrs. Longwe’s car. The latter believes that the assailants meant to attack her or her husband. When they stopped the car, the assailants pointed a gun at her daughter and asked, "Where is your mother?". Later, as the hijackers drove the car with the daughter squashed onto the floor behind the driver seat, they asked for money and threatened to kill her. The hijackers said they were acting under someone else’s orders. At some point along the journey, the assailants apparently picked up another person, who the daughter overheard saying "You've got the (a) child". After two hours the hijackers dumped Mrs. Clarke’s daughter on a small dirt road in Chamba Valley. They pointed out the direction to Lusaka for her, told her the car would be found later that day and drove away.
The Observatory urges the Zambian authorities to ensure that Mr. Clarke is not deported and to end all acts of harassment against Mrs. Longwe’s family. In particular, the Observatory urges the Zambian authorities to conform with Article 1 of the Declaration on Human Rights Defenders, which provides that “[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” as well as Article 12. 2, which states “[t]he State shall take all necessary measures 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 other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”
In hope you will take these considerations and request into account,
We remain,
Sidiki KABA Eric SOTTAS Président de la FIDH Directeur de l’OMCT