Zimbabwe
22.11.02
Urgent Interventions
Zimbabwe: Legislation threatening the existence of non governmental human rights organisations
OPEN LETTER TO Cde. ROBERT MUGABE
President of the Republic of Zimbabwe
Paris – Geneva, 22 November 2002
Mr. President,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of their joint programme, The Observatory for the Protection of Human Rights Defenders, wish to express their deepest concern regarding recent official declarations threatening the existence of independent non-governmental organisations (NGOs) and more generally freedom of association in Zimbabwe.
Our organisations have been informed that during a Parliamentary Assembly session, on 13 November, the Minister of Justice, Legal and Parliamentary Affairs, Cde Patrick Chinamasa, released a list of NGOs which he presented as a threat to national security. Moreover according to Mr. Chinamesa the fact that they receive foreign fundings would in particular constitute proof of this. Among the NGOs listed is the independent NGO Amani Trust, an internationally recognized NGO dedicated to bringing assistance to victims of torture and documenting human rights violations in Zimbabwe.
On the same day at Parliament, the Minister of Public Service, Labour and Social Welfare, Cde July Moyo, stated that the independent NGO Amani Trust was one of the NGOs required to stop their activities till they had registered under the Private Voluntary Organisations Act (PVO Act), in accordance with a notice released by his ministry on 13 September. This notice ordered NGOs to legally register in accordance with the PVO Act and to stop their activities till they had not regularised their situation. The notice also stated that any NGO who failed to implement these measures would be closed and their members face arrest. This notice has came to enforce the PVO Act, which had never been strictly implemented since its adoption in 1967.
These declarations were reported on 14 November in an article by the pro-governmental daily The Herald on the front page. The newspaper strongly criticized Amani Trust, contributing to the discredit and slander campaign against the organisation.Moreover, the Observatory would like to express its concerns about certain declarations your Excellency made on 11 October, also recounted by The Herald, in which you described NGOs as “Trojan Horses”. According to your declarations, “through a bill that is before Parliament, the Government would be able to plug in the holes in the policy governing the operations of NGOs” for the reason that they “interfere in national affairs”. You also announced that the government would “invoke the law that disallows foreign funding in order to expose NGOs which now view themselves as “little governments””. These declarations were made in a very threatening tone, as shows the following sentence : “We will soon remind [the NGOs] who they are [and] where they belong”. The Herald mentioned the possible drafting of a Code of Ethics by the National Association of NGOs, aimed in particular, to preventing NGOs from “interfering in local politics”.The Observatory is very concerned by these recent declarations and fears a serious hardening in the Zimbabwean legislation as far as freedom of association is concerned.
These facts, which show an increasing pressure and intimidation against independent NGOs in Zimbabwe, are part of a context of increasing repression aimed at silencing any person who dares criticizing the government’s policy or denouncing human rights violations in Zimbabwe.
The Observatory points out for example that last August, Dr. Frances Lovemore, Medical Director of Amani Trust, was arrested and charged for “publishing and communicating false statements prejudicial to the State”. He was released after two days and the charges were dropped for lack of evidence.
These declarations and threats are a blatant breach to the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations in 1998, which states in particular that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels, to form, join and participate in non-governmental organizations, associations or groups” (article 5.b) and that “Each State shall adopt such legislative, administrative and other steps as may be necessary to ensure that the rights and freedoms referred to in the present Declaration are effectively guaranteed” (article 2.2).
The FIDH and the OMCT urge therefore the highest Zimbabwean authorities to:
i. put an end to any kind of threat or acts of retaliation against independent human rights NGOs, as well as ensure that all human rights defenders in Zimbabwe be able to pursue freely their activities;
ii. put the Zimbabwean legislation in conformity with international human rights standards, in particular as far as freedom of association is concerned;
iii. conform with the provisions of the UN Declaration on Human Rights Defenders, in particular with the articles mentioned above;
iv. more generally, conform with the provisions of the Universal Declaration on Human Rights as well as with the international and regional human rights instruments, to which Zimbabwe is party.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki Kaba
President of the FIDH
Eric Sottas
Director of the OMCT
President of the Republic of Zimbabwe
Paris – Geneva, 22 November 2002
Mr. President,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of their joint programme, The Observatory for the Protection of Human Rights Defenders, wish to express their deepest concern regarding recent official declarations threatening the existence of independent non-governmental organisations (NGOs) and more generally freedom of association in Zimbabwe.
Our organisations have been informed that during a Parliamentary Assembly session, on 13 November, the Minister of Justice, Legal and Parliamentary Affairs, Cde Patrick Chinamasa, released a list of NGOs which he presented as a threat to national security. Moreover according to Mr. Chinamesa the fact that they receive foreign fundings would in particular constitute proof of this. Among the NGOs listed is the independent NGO Amani Trust, an internationally recognized NGO dedicated to bringing assistance to victims of torture and documenting human rights violations in Zimbabwe.
On the same day at Parliament, the Minister of Public Service, Labour and Social Welfare, Cde July Moyo, stated that the independent NGO Amani Trust was one of the NGOs required to stop their activities till they had registered under the Private Voluntary Organisations Act (PVO Act), in accordance with a notice released by his ministry on 13 September. This notice ordered NGOs to legally register in accordance with the PVO Act and to stop their activities till they had not regularised their situation. The notice also stated that any NGO who failed to implement these measures would be closed and their members face arrest. This notice has came to enforce the PVO Act, which had never been strictly implemented since its adoption in 1967.
These declarations were reported on 14 November in an article by the pro-governmental daily The Herald on the front page. The newspaper strongly criticized Amani Trust, contributing to the discredit and slander campaign against the organisation.Moreover, the Observatory would like to express its concerns about certain declarations your Excellency made on 11 October, also recounted by The Herald, in which you described NGOs as “Trojan Horses”. According to your declarations, “through a bill that is before Parliament, the Government would be able to plug in the holes in the policy governing the operations of NGOs” for the reason that they “interfere in national affairs”. You also announced that the government would “invoke the law that disallows foreign funding in order to expose NGOs which now view themselves as “little governments””. These declarations were made in a very threatening tone, as shows the following sentence : “We will soon remind [the NGOs] who they are [and] where they belong”. The Herald mentioned the possible drafting of a Code of Ethics by the National Association of NGOs, aimed in particular, to preventing NGOs from “interfering in local politics”.The Observatory is very concerned by these recent declarations and fears a serious hardening in the Zimbabwean legislation as far as freedom of association is concerned.
These facts, which show an increasing pressure and intimidation against independent NGOs in Zimbabwe, are part of a context of increasing repression aimed at silencing any person who dares criticizing the government’s policy or denouncing human rights violations in Zimbabwe.
The Observatory points out for example that last August, Dr. Frances Lovemore, Medical Director of Amani Trust, was arrested and charged for “publishing and communicating false statements prejudicial to the State”. He was released after two days and the charges were dropped for lack of evidence.
These declarations and threats are a blatant breach to the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations in 1998, which states in particular that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels, to form, join and participate in non-governmental organizations, associations or groups” (article 5.b) and that “Each State shall adopt such legislative, administrative and other steps as may be necessary to ensure that the rights and freedoms referred to in the present Declaration are effectively guaranteed” (article 2.2).
The FIDH and the OMCT urge therefore the highest Zimbabwean authorities to:
i. put an end to any kind of threat or acts of retaliation against independent human rights NGOs, as well as ensure that all human rights defenders in Zimbabwe be able to pursue freely their activities;
ii. put the Zimbabwean legislation in conformity with international human rights standards, in particular as far as freedom of association is concerned;
iii. conform with the provisions of the UN Declaration on Human Rights Defenders, in particular with the articles mentioned above;
iv. more generally, conform with the provisions of the Universal Declaration on Human Rights as well as with the international and regional human rights instruments, to which Zimbabwe is party.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki Kaba
President of the FIDH
Eric Sottas
Director of the OMCT