Zimbabwe: Citizens’ Cabinet – Statement on the Situation in the Country and Calls for Inclusive National Dialogue (following consultation meeting held on Friday 25 January 2019) – (29.01.2019)

shutdown protest. And for as long as people’s survival problems are not addressed the false “return to normalcy” and “calm”, will not last. Indeed, what we have seen so far may turn out to only be the lightning announcing the thunder that will come.

It is with this background that we reiterate our calls for a broad-based, inclusive national dialogue as a matter of urgency and pronounce ourselves on the following:

Conditions for dialogue

We welcome the emerging resonance around the need for national dialogue and particularly note calls that have come from the churches, business, the NPRC, the Movement for Democratic Change-Alliance, and most recently, President Mnangagwa. We also note that The Elders in their most recent statement made a call for inclusive national dialogue.

We believe that dialogue will only be meaningful under the right conditions which include:

●  the immediate cessation of the clampdown against civil society and activists;

●  the return of the military to barracks;

●  freedom for all innocent political, civic and ordinary citizens who were arrested

without cause;

●  due process for all those accused of crimes;  accountability for the security forces who commitment crimes;

●  and security and safety guarantees to all those driven into hiding.

Composition of the dialogue

An inclusive national dialogue is imperative given the diversity and magnitude of the problems facing our country. The repository for solutions goes beyond political parties requiring the participation of all relevant constituencies, including business, churches, women, youth, civil society and indeed political parties to enable co-creation of solutions that work for all.

Facilitation

Given the reality of extreme political polarization in our country, we believe that the political facilitation of the dialogue must be led by a capable, high level, respected African statesman/ stateswoman acceptable to all, with SADC and the AU as guarantors.

Furthermore, we believe that the dialogue must be technically supported by a competent civic institution with proven capacity to steward such a complex national process towards agreeable outcomes.

Purpose of the dialogue

The inclusive national dialogue that we are calling for, should be about dealing with substantive issues that are central to resetting our country onto a viable path to reconstruction and development. From our perspective, the priority should be on repairing the economy and securing decent livelihoods for the generality of Zimbabweans; guaranteeing justice for victims of political violence; creating conditions to restore social

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cohesion and national healing and rebuilding the institutions necessary to underpin a prosperous democratic country founded on social and economic justice.

It is particularly important the place the following issues on the agenda of the envisaged national dialogue:

  1. Dealing with corruption – Corruption, especially by political elites and their corporate allies, has become a malignant cancer requiring drastic treatment if the country is to survive. The envisaged national dialogue must deal decisively with the issue. Efforts to turn around the economy will remain a pipe dream until and unless the tentacles of corruption that are now spread across the country are cut.
  2. Accountability and Rule of Law – The envisaged national dialogue must restore constitutionalism in this country. Our whole governance mechanism – across both political and economic spheres – must be underpinned by Accountability and the Rule of Law.
  3. Land Re -Redistribution – It is time that as a nation we face up to the gross injustice of the current land ownership in this country, particularly the fact that highly connected elites got huge farms of the most prime land absolutely free of charge. Most of these farms have been degraded and are going underutilized with negative consequences to the whole economy. We believe that as a matter of justice, this undue benefit must be addressed through an arrangement by which the state sells farm land to those who are willing to go into farming as a business. We are even willing to concede the right of first refusal to those currently in possession of the farms, however, the principle of paying for the land must be upheld. There can be no other scientific basis of allocating this scarce resource without unduly favoring one Zimbabwean over another when all have equal rights, entitlements and obligations under the constitution.
  4. Environmental protection – We urgently need a national conversation on saving and protecting our environment. The current rate of environmental degradation, including deforestation is alarming and a great injustice to current and future generations.
  5. Public sector reform – The envisaged national dialogue must attend to public sector reform, particularly to ensure total independence of public institutions from partisan political interests; strengthening of public institutions, administrative and civil service reform, as well as revenue administration and public financial management.

Outcomes

We believe that the dialogue must produce a framework that allows for collective and competent attention to the most pressing challenges affecting people and reset the country onto a viable reconstruction and development path. The form and content of such a framework cannot be prescribed in advance, rather it has to be a product of dialogue.

Our call for civil society consultations

As the chorus for national dialogue grows, we make a call and equally make ourselves available for collective civil society consultations and consensus building on the conditions, vision, principles, composition, facilitation, agenda and possible outcomes of the envisioned national dialogue. We believe these wider consultations must commence in earnest and reflect truly broad-based and inclusive participation.

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Zimbabwe: ZRP Press Statement – Public Appeal for Information (29.01.2019)

Zimbabwe: What is your game-plan now, Mr. President?

I got to ask, even if I don’t have any answers. As the depressing news and verified information is leaking from Zimbabwe. The days of the Shutdown, the dire straits. Some say it is propaganda and others trying to deflect it. Others saying the authorities are not at fault and others blame the MDC Alliance.

Whatever it is, it has been ordered from the “Above High”, the ones ushering in the violence, the killings, the arrests, abductions and the destruction of society. Comes from somewhere. The acts of aggression against civilians, the acts of arresting and detaining the fellow civil society leaders, either activists or union leaders. They have all been taken into custody and put on trial. They have all been silenced, like the Social Media, the Internet Blockade and other acts to stifle the voices of dissidents. So, that the President, the ZANU-PF and the Authorities could control the information flow.

However, that has not worked. Therefore, the acts against MDC is shown to the world, the way the authorities have picked up Union Leaders of late. Also, detaining other Civil Society Organizations leaders and activists, who have been targeted by the government.

Also, the other realities is the leaked footage of rape and the beatings of civilians. This has been shown to the world. The atrocities have been told now, the world has seen the sinister acts of the government against its own.

While, that is happening, the road-blocks, the destruction of markers within Harare and so on. There are so many bad things happening. It is hard to follow. Worse to verify, while the leaked footage are showing what sort of tools the government are using.

As President Emmerson Mnangagwa can stop this, as Vice-President Constantino Chiwenga can order this to stop. That is if they want this circle of destruction and sinister acts to stop. However, after two weeks of evil and of murky acts, which no government should do towards their own or anyone else for that matter. They are using rape, violence and fear against the civilians. As they we’re starting to demonstrate against skyrocketing prices on fuel overnight.

What is your game-plan now? Are you planning together with the PFee to destroy more people lives and show more sinister violence against them? Are this the legacy, the proud moment of your rule to deplete society? Is that why you wanted to takeover for Mugabe so you could repeat Gukurahundi of the 1980s. Then was to assault the ones who was behind Joshua Nkomo, now the same leadership are attacking the ones who are in and around Nelson Chamisa. Only him whose out of the spotlight for now.

What the world has seen is that the Crocodile and his henchmen bites. They bite so hard and muffle with the public. Mnangagwa and Chiwenga could have handled these demonstrations differently. However, you decided to do this.

As President and Vice-President, you could have handled this differently. Instead you used the soldiers, police and people are hiding from the law in fear of being haunted down like fellow comrades. That is the society the shutdown and PFee wants to have. They are using force and usign all means to stop them. This is not reforming, but an armed military dictatorship with no mercy.

Mr. President, what is your game-plan now?

Will you play PR Games? Or will you act sensible?

Because, right now, as the beginning of the Shutdown, the Republic is burning, people are getting hurt. People are getting touched by association or being in the wrong place at the wrong time. The authorities instead of guarding the public, they are punishing them. For voicing the frustration at the economic and financial mismanagement done by the PFee for years. Instead of finding solutions to it. The government sent weapons and assaulted the population.

Is that all your made of Mr. President, is that all you are? You are such a weak man, that cannot build anything, but only destroy? Is that who you are?

Because it looks like it and your game plan, suuuuuucks! Peace.

Zimbabwe: Press Statement by the Minister of Home Affairs and Cultural Heritage (25.01.2019)

The Southern Africa Litigation Centre – Press Release: International Crimes Being Committed in Zimbabwe (25.01.2019)

The Southern Africa Litigation Centre (SALC) is concerned with reports of serious human rights violations and commission of atrocities by the police forces, government armed forces and ZANU PF members in Zimbabwe since Monday 14 January. Following country wide protests to the hiking of fuel prices in the country, the government’s response towards the protests has been systematic, widespread and disproportionately brutal against its own citizens.

SALC has received credible reports that the police, government security forces and members of the ZANU PF have been using live ammunition against its own citizens who have been peacefully protesting in exercise of their rights under the Constitution. There are credible reports that doctors have treated 78 confirmed cases of gunshot wounds. There are also confirmed reports that the Police and government security forces continue to use lethal force against citizens in various Harare neighbourhoods, including Mbare, Glenview, Kuwadzana, and Chitungwiza. There is strong evidence suggesting that torture, extrajudicial killings intimidation, raids on homes for suspected leaders of the protesters, indiscriminate traffic stops, displacement and arbitrary detentions are taking place on a daily basis in the country. All these atrocities are being committed by the Police, government security forces and members of ZANU PF. There are also reports suggesting that wounded victims are being detained while they are in hospitals and taken to custody.

In addition to the above gross human rights violations, there are reports that to those who have been indiscriminately detained, access to legal representation has been denied by the authorities contrary to the country’s constitution. There are also reports of cases where detained suspects have seen their cases fast tracked with no access to legal representation.

These reports point towards gross human rights violations and raise serious concerns that Zimbabwe government officials are committing serious international crimes including torture and crimes against humanity. The commission of international crimes against the civilian population constitutes a serious violation of international law. The list of criminal conduct that constitutes crimes against humanity include murder, torture, rape, and imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law. Zimbabwe has an international obligation to investigate and prosecute the crimes committed by the police, government security forces and ZANU PF officials against its citizens.

Should Zimbabwe take no steps towards fulfilling its obligation, the international community has an obligation to intervene in order to hold those responsible for the commission of the crimes accountable. In South Africa, this obligation was recognized by the Constitutional Court of South Africa through the  National Commissioner of The South African Police Service v Southern Africa Human Rights Litigation Centre and Another (The Zimbabwe Torture Docket) decision. In that decision, the Constitutional Court held that national competent authorities including the SAPS and the NPA have an obligation to investigate acts of torture and crimes against humanity committed in Zimbabwe. The court also held that this obligation extends to the prosecution of suspected offenders who are found in South Africa, be it on a temporary basis or not, even though the crimes were committed in Zimbabwe .

As a regional body that strives to hold governments accountable for the commission of international crimes including acts of torture and crimes against humanity, SALC reiterates its position that it will take steps towards holding those individuals who are committing the crimes in Zimbabwe. SALC, therefore, calls upon the Government of Zimbabwe to investigate the crimes that are being committed against the civilian population by the police, government armed forces and ZANU PF members including acts of torture, murder, and crimes against humanity and those found responsible must be prosecuted. Should the government of Zimbabwe fail to investigate and prosecute suspected offenders, SALC will not stand by, but take steps towards holding those responsible for the commission of the crimes accountable. We call on the African Union, Southern Africa Development Community and their governments to take action, and ensure that those who violate human rights are held accountable.

Zimbabwe: Government Press Release (25.01.2019)

Zimbabwe Congress of Trade Unions (ZTCU): “Subject: ZCTU Demands Japhet Moyo’s Unconditional Release” (23.01.2019)

Statement by Restoration of Human Rights (ROHR) Zimbabwe on the Shooting of Civilians by Soldiers Commencing 14th January 2019 (21.01.2019)

Law Society of Zimbabwe: “Re: The Rule of Law Situation” (23.01.2019)

ZHRC Statement on the Deteriorating Socio-Economic and Security Situation in Zimbabwe (22.01.2019)

The Zimbabwe Human Rights Commission (ZHRC/Commission) has noted with concern the fast deteriorating socio economic and security situation in Zimbabwe triggered by an assortment of government policy statements and decisions. These have had far reaching effects on the household economy causing losses in incomes and savings thereby worsening poverty levels in the country.

The ZHRC fully understands the dire macroeconomic situation in the country and the need to make radical decisions to remedy the situation. Whilst such austerity measures meant to transform the performance of the economy may be commendable, due care and diligence must be exercised to protect the rights and well-being of especially the vulnerable members of society. In particular, it is important to develop pro poor policies including the setting up of effective social safety nets to ensure access to basic goods and services by all. Section 13 (1) of the Constitution of Zimbabwe implores the State and all institutions of Government to ensure equitable development. Further, Section 13 (2) requires Government to involve the people in the formulation and implementation of development plans and programmes that affect them.

It is the view of the Commission that most of the austerity measures and decisions are being made with little or no consultation of the relevant stakeholders and citizens and in many instances sound and appear as almost arbitrary. As a result there is no buy in or support for these new policies leading to implementation challenges with some key players and citizens resisting the changes. Related to this, there are no structured policy review mechanisms in place to assess and understand both intended and unintended impact of government decisions and policies on citizens and the economy. All policies, no matter how well – meant, can have a negative impact that disproportionately affect the disadvantaged members of society. Such members of society need State support to cushion them so that they cope with the consequent hardships. It is now increasingly difficult for poor families to put food on the table, access medical services, send children to school or enjoy any other socio economic rights enshrined in the Constitution of Zimbabwe.

The Government of Zimbabwe, outside pronouncing a number of austerity measures, has not provided a clear road map to economic recovery and prosperity. Key determinants of economic growth are not being dealt with decisively. For example, the present currency confusion is leading to much speculation and rent-seeking behaviour by most economic agents. Section 317 of the Constitution is very clear and gives the Reserve Bank of Zimbabwe the mandate to: regulate the monetary system; protect the currency of Zimbabwe in the interest of balanced and sustainable economic growth; and, formulate and implement monetary policy. It is the ZHRC’s considered view that the country will not attract much investment or realise economic development before decisively dealing with the currency confusion.

The ZHRC therefore calls upon Government to take the lead in convening a platform for national dialogue with partners in all sectors including captains of industry, labour unions, independent commissions, civil society, the opposition and ordinary citizens in order to find lasting solutions to the prevailing economic challenges to ensure respect and observance of human rights and promote peace and security in the country. We urge the Government to be a listening and caring administration, not worried about perceptions of weakness or climb-down because of accommodating various sectors and viewpoints in addressing the national crisis that Zimbabwe finds itself in.

The Commission has also noted the decision by a number of organisations and individual members of society to demonstrate and petition as a way of communicating their frustrations and demanding answers from the Government of Zimbabwe as a duty bearer. The frustrations are understandable, and the right to demonstrate is provided for and protected under section 59 of the Constitution of Zimbabwe. The ZHRC takes this opportunity to emphasize that this provision protects the right but also gives the responsibility to the demonstrators to respect the right of others by demonstrating peacefully. The Commission calls upon all organisers of and participants in demonstrations to take this responsibility seriously by having concrete measures to ensure peace. Experience has taught us that criminal and rogue elements of society will always take advantage of public demonstrations and protests and proceed to loot, destroy property and even cause bodily harm to innocent bystanders. The Commission therefore does not condone the violence that has characterised previous and current demonstrations. Organisers of demonstrations must therefore take full responsibility for their decisions and actions so that the enjoyment of their rights is not in violation of the rights of others. Equally worrying is the abuse of social media platforms by demonstrators and other faceless characters to threaten and intimidate people as well as distort facts to achieve their ulterior motives, in the process causing alarm and despondency amongst the citizens. The ZHRC calls upon all stakeholders to exercise restraint and uphold peace and at the same time urges the Government not to violate citizens’ rights to information by blocking social media and internet services.

In addition, the Commission urges law enforcement agents to protect people and property in line with their constitutional mandate and not to cause harm and loss of life to the protesting citizens. In this regard, the Commission has noted with concern the reports of loss of life and limp during the current demonstrations, attributed mainly to the Zimbabwe Republic Police (ZRP). The Commission has also received reports of the security sector badging into people’s homes during the dead of the night on Monday 14th January 2019 and early morning on Tuesday 15th January 2019, beating up people and forcing them to clear barricaded roads. As the Commission, we are of the view that such heavy-handedness on the part of the security sector does not solve our national problems but only helps to create resentment and anger amongst the citizens which in turn breeds the violence that we are currently experiencing.

Lastly, as Zimbabweans, let us all remember that this is our country together, and we must all work to ensure a Zimbabwean society where everyone enjoys their rights and where citizens can thrive and prosper whilst building a better country for future generations.