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UN Special Rapporteur joins the call for the release of detained Zimbabwean human rights defenders

UN Special Rapporteur joins the call for the release of detained Zimbabwean human rights defenders
Councillor Samuel Ngwezi in the Harare Magistrates’ Court in blood-stained clothes. One of pro-democracy activists hauled off a commercial plane at Robert Gabriel Mugabe International Airport, detained and questioned for eight hours on 2 August 2024. (Photo: Zimbabwe Lawyers for Human Rights)
Naledi Sikhakhane
By Naledi Sikhakhane
16 Aug 2024
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As the Southern African Development Community (SADC) summit begins on 17 August 2024 in Harare, concerns are mounting over the arrests of a group of human rights defenders in Zimbabwe. Mary Lawlor has added to the chorus now campaigning for their release.

As Zimbabwe prepares to host the 44th Ordinary Summit of the Southern African Development Community on 17 August in Harare, concerns are mounting over the increasing suppression of human rights defenders and arrests of opposition members. UN Special Rapporteurs, Southern Africa Human Rights Defenders Network, Zimbabwe Lawyers for Human Rights, and other organisations, have asked for the release of the political prisoners.

Among those recently detained are women’s rights activist Namatai Kwekweza, Robson Chere, the secretary-general of Amalgamated Rural Teachers Union of Zimbabwe, and local councillor for Harare Ward 5, Samuel Gwenzi. The three were forcibly removed from a departing flight at Harare Airport on 31 July 2024. 

“At a time when Zimbabwe is preparing to host the SADC summit, whose values include institutions that are 'democratic, legitimate, and effective', it is unconscionable that these human rights defenders working to strengthen such institutions remain arbitrarily detained,” UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor, along with other UN Special Rapporteurs, said in a statement, released on Thursday evening.

“The Zimbabwean government should release Chere, Namatai and other human rights defenders immediately, they have caused no disruption but only work peacefully to help people exercise their rights,” — Lawlor

“The enforced disappearance, incommunicado detention and torture, followed by the arbitrary detention of these human rights defenders is inexcusable, and not only violates international human rights law but also makes a mockery of the safeguards contained in Zimbabwe’s own constitution.

“These baseless charges are being used as a fig leaf to target human rights defenders and opposition voices calling for greater democracy, human rights and accountability in Zimbabwe,” the UN statement read, further stating that the UN has been in touch with the government of Zimbabwe on the issue.

https://www.dailymaverick.co.za/article/2024-08-15-south-africa-must-lead-the-way-in-reforming-sadc-as-leaders-prepare-to-gather-in-zimbabwe/

Zimbabwe’s actions ‘disappointing’


In an interview with Daily Maverick on Friday, Lawlor said the actions of the Zimbabwean government are disappointing and that she commended the human rights defenders for their bravery and resolution to fight for human rights in the country. “I sometimes say repression is the measure of effectiveness,” she said.

Lawlor said she had been in a meeting with Namatai, who she noted to be a brilliant lawyer who believes in the constitution, and wants to help women lead and thrive. 

Bail denied for activists


On Friday afternoon, Zimbabwean Lawyers for Human Rights (ZLHR) said Namatai and the others were denied bail in the Harare Magistrates court. ZLHR outlined reasons the magistrate gave for the denial as: 

  1. They have a propensity to commit further offences

  2. They will likely cause public despondency if released on bail

  3. They will interfere with state witnesses


“Even the charge is ridiculous, these guys work peacefully to promote human rights; the bail being denied is deliberate as the Summit begins tomorrow. I am sure the next hearing will be well after the Summit has taken place. It’s unfortunate that human rights defenders are treated in ways that amount to torture; Robson Chere has had his rights violated multiple times, he along with many others.”

When asked about the individual SADC states not being vocal about the human rights violations in the country, Lawlor said it is not up to her to say how states should respond, but she would hope they make sure all states abide by the values the region committed to, which includes human rights promotion and protection. 

“The Zimbabwean government should release Chere, Namatai and other human rights defenders immediately, they have caused no disruption but only work peacefully to help people exercise their rights,” said Lawlor. 

Councillor Samuel Gwenzi in the Harare Magistrates’ Court in blood-stained clothes. One of pro-democracy activists hauled off a commercial plane at Robert Gabriel Mugabe International Airport, detained and questioned for eight hours on 2 August 2024. (Photo: Zimbabwe Lawyers for Human Rights)



Read more: Condemnation and calls for action as Zimbabwean activists detained and allegedly tortured

The activists removed from a departing flight at Harare Airport on 31 July, were part of several arrests of pro-democracy activists, according to the Southern Africa Human Rights Defenders Network, in a statement released on 13 August 2024. Lawlor said approximately 165 people including opposition members, activists and human rights defenders, have been arbitrarily detained. 

“Many of these detainees have faced torture and mistreatment, with charges often based on assumptions of planned protests. The crackdown began on June 16, targeting members of the Citizens for Coalition Change (CCC) during a celebration of the International Day of the African Child,” the statement reads. 

Read more: Pretoria rebuffs DA’s call for SADC summit to be moved from Zimbabwe

The organisation also condemned the use of excessive force by authorities during these arrests. 

The statement says government officials, including President Emmerson Mnangagwa, have issued stern warnings against protests, labelling opposition parties and civil society organisations as “rogue elements”, and threatening severe consequences for dissent. This rhetoric has been accompanied by further arrests of activists, opposition politicians, and students across the country.

Dire prison conditions


A lawyer working with African Initiative of Women Human Rights Defenders who visited the prison, and spoke to some of the activists, told Daily Maverick that the detainees are trying to stay hopeful, but conditions are dire in detainment. 

“The male political prisoners are kept in leg irons all day,” said the lawyer, who didn’t want her name revealed for fear of retribution.

“Chikurubi Prison is the maximum security prison in Zimbabwe, where the most dangerous criminals should be kept.” She said Namatai is with 29 women rights defenders who were arrested at a private residence for attending a private meeting.

“The women have been in pre-trial jail for two months, for merely exercising their fundamental rights in an independent African state.” 

The lawyer said she spoke to Namatai Kwekweza, who she described as one of the most promising young women leaders to emerge from Zimbabwe, with global recognition for her human rights work, and determination to see a country administered according to the constitution.

In their discussion, Namatai raised the issue of prison overpopulation, saying a cell meant for about 30 people has close to 60 people. 

Trauma and torture


“This forces pre-trial prisoners enduring long prison detention without trial to experience severe trauma, as they organise themselves to sleep facing one direction, and changing in sync to face the other direction. They are all accommodated in that cell with one toilet to save all of them. The prison often runs out of water for both drinking and ablution flushing, causing severe stench and health hazard in the ‘female’ prison,” she stated. 

Namatai pointed out that this results in sustained psychological torture and shouldn’t be happening in a “post independent state that boasts of a progressive constitution that guarantees the right to fair trial and has a strong presumption of innocence”. 

Robson Chere, who suffered the most severe torture, has still not received emergency medical care. There is fear of renal failure, due to the torture tactic of waterboarding. 

“Despite this torture that innocent political prisoners are enduring in the maximum prison, Namatai feels grateful to each of these powerful women who have become part of her ecosystem of support, and wishes the community of human rights defenders in the region and beyond to keep providing practical solidarity to these women human rights defenders and their families who have suffered and continue to suffer collateral damage and victimisation,” said the lawyer.

Namatai is said to be specifically concerned about one of the women human rights defenders members who has lost contact with her infant kids, believed to have been evicted when their mother was arrested and detained.

Human rights defenders organisation Southern Defenders called on SADC member states to pressure the Zimbabwean government to release all those detained and drop the charges against them. 

“We urge respect for human rights, including freedom of expression, association and peaceful assembly, as Zimbabwe assumes the role of SADC chairperson. Southern Defenders stresses the importance of prioritising peace and security in Zimbabwe during this critical time.” DM

 

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