Friday, May 29, 2009

"Reinstate the Rule of Law," Zimbabwe is urged

by Cuthbert Nzou

HARARE - Amnesty International has challenged Zimbabwe's inclusive government to impose the rule of law in the country and that the administration acts against state agents and government officials who continue to violate human rights.

"The relentless silencing of government critics that characterised the previous administration is a blight on the record of the inclusive government," said Simeon Mawanza, Amnesty International's expert on Zimbabwe in a report released yesterday.

Amnesty criticised the arrest of two independent journalists and a prominent human rights lawyer over the past three weeks.

On May 11, journalists, Vincent Kahiya and Constantine Chimakure of the privately owned Zimbabwe Independent weekly were arrested and charged for publishing an article, which the state claimed, was "wholly or materially false with the intention to generate public hostility towards the police, the military and the prison service".

They were released the following day on bail and were yesterday remanded on bail to June 16 for trial. Amnesty said it believes the journalists were arrested and detained purely for exercising their right to freedom of expression.

On May 14, prominent human rights lawyer, Alec Muchadehama, who had been representing a number of human rights and political activists, was arrested and detained by officers from the police's law and order section, notorious for harassing perceived opponents of President Robert Mugabe's ZANU PF party.

Muchadehama was charged with "defeating or obstructing the course of justice" and released on bail. Amnesty said it was concerned about the apparent lack of political will by the power-sharing government to create an environment in which human rights
and media workers could freely do their work. The organisation urged the Southern Africa Development Community and the African Union to use their role as guarantors of Zimbabwe's inter-party agreement to end on going human rights violations.

"The continued harassment and intimidation of perceived government critics has held back the international community from providing much needed assistance to ensure the realisation of the economic and social rights of Zimbabwean people," said Amnesty.

"For the inclusive government to live up to its international obligations to ensure the realisation of the economic and social rights of Zimbabwean people, it urgently needs to create the conditions in which donors can feel confident about providing assistance," said Mawanza.

Amnesty International also expressed concern about reports of victims of political violence who have taken up matters into their own hands in an attempt to recover their property that was looted by ZANU PF supporters between the March and June 2008 elections.

Police were quick to arrest the people involved, but no action was taken against known perpetrators of the 2008 human rights abuses despite reports being made to the police by the victims.

"Partisan policing needs to be brought to an end, said Mawanza. "The needs of victims of the state sponsored human rights violations have to be addressed as a matter of urgency. Those responsible for human rights violations have to be held accountable and the victims accorded effective remedies." - ZimOnline

Gideon Gono to get his wings clipped?

HARARE - Zimbabwe's cabinet is said to have agreed to effect key amendments to the Reserve Bank of Zimbabwe (RBZ) Act, a development that will see the RBZ being confined to its core functions.

While the battle around the status of controversial RBZ governor Gideon Gono rages on, Finance Minister Tendai Biti is reported to have convinced cabinet on the need to clip the wings of the central bank chief, whose controversial quasi-fiscal policies are widely regarded as having ruined Zimbabwe's once buoyant economy.

President Robert Mugabe, who has declared he will not heed local or international calls for Gono to be replaced, chairs cabinet, which comprises all ministers from both Zanu-PF and the Movement for Democratic Change (MDC) parties.

"I am pleased to advise that cabinet has agreed on fundamental amendments to the Reserve Bank Act," Biti told journalists Thursday. "It is important that we restore the legitimacy, credibility and integrity of the Reserve Bank."

Biti said the RBZ reforms would ensure the bank was confined to its core business which involved the crafting of the monitory policy, supervising the banking sector and the management of the national payment systems, among other duties.

The MDC secretary-general said the envisaged amendments to the RBZ Act will also factor in recommendations by an International Monetary Fund (IMF) technical team that is in Zimbabwe to offer guidance in the banking system and central bank governance.

He said, "There would also be reforms around the board and the composition of the board.

"Most importantly the board will also play an oversight role of the bank. The board will ensure that there is compliance with the Act and various other Acts of the state.

"There will be issues around curtailment of the capacity of the bank to borrow. We have put in some restrictions there. "There will be provisions that will enforce the liquidation and rationalization of all none-core assets of the bank - companies like Home Link - so that the bank remains clean and legitimate."

Biti was confident the moves were bound to succeed saying nothing was going to distract his ministry from redressing the economy.Gono took over the reigns as central bank governor in December 2003 when inflation was still at around 600 percent. It ballooned to an estimated 500 billion percent by December last year, according to Biti.

Since the time, the RBZ was churning out loads of worthless local currency ostensibly to meet the demands of spiralling inflation while financing extravagant and often partisan government activities.

Biti said the advent of the multi-currency system early this year, coupled with a new fiscal culture by the new inclusive government, had reduced inflation to a monthly average of minus three percent. "Our biggest enemy as a ministry is politics," he said.

"There are things that we do not control, that we hope our principals and our leaders will resolve as a matter of urgency. All the outstanding issues in the Global Political Agreement we hope that they will resolve them.

"All the toxic issues around detentions, people that are being arrested, farm occupations we hope they will be resolved. If they can only help us in liquidating these things then we will be able to sprint.

Meanwhile Biti's law firm, Honey and Blanckenberg, has condemned Gono for what it described as an "unfortunate outburst against us" after he controversially accused its directors of externalization of funds and money-laundering.

In a letter purportedly written to Prime Minister Morgan Tsvangirai on May 11, Gono said Honey and Blanckenberg - where Finance Minister Tendai Biti was a partner - had stashed over US$1million outside the country in violation of exchange control regulations.

Gono said the law firm's externalization of foreign currency predated his appointment as Reserve Bank governor in 2003. He sought to use the allegations to buttress his claim that Biti's campaign to remove him from the RBZ was motivated by a personal vendetta.

New Zimbabwe.com reports that the law firm said in a statement: "Over the past few weeks (three years after the alleged offence), the partners of Honey and Blanckenberg have received a number of crude threats arising from these old accusations, stating that unless Tendai Biti, a former partner of the firm and currently Minister of Finance, desisted from his attempts to demand accountability from the governor of the Reserve Bank, the partners would face unspecified consequences. Naturally we have ignored such threats.

"Since Dr Gono states that this matter is before the courts, then it is clearly sub judice and it is regrettable and highly inappropriate that a person of his position has resorted to the media in an effort to bring this matter into the political arena without allowing the due process of the law to take its course.

"We are confident, however, in the sound judgment of the public its awareness of the integrity of Honey and Blanckenberg and its understanding of the reality of what lies behind Dr Gono's unfortunate outburst against us."

Gono's so-called letter to Tsvangirai was mysterious leaked to the media. Tsvangirai said last week that he never received the letter.If the Prime Minister never had sight of the letter allegedly dispatched to him by the governor of the Reserve Bank, while the document was splashed in various media outlets, it would be logical to assume the letter was leaked at source.

Tuesday, May 19, 2009

Elderly woman beaten and detained by police as farm attacks continue

By Alex Bell
The elderly mother of a commercial farmer has become the latest victim of violent attack, as the countrywide offensive to remove the remaining farmers off their land continues unabated.

Chinhoyi farmer, Murray Pott's 80-year-old mother, was severely assaulted by police officials on Monday when they arrested her son for being on his land 'illegally'. Justice for Agriculture's (JAG) John Worsley-Worswick explained on Tuesday that police are repeatedly breaking protocol for bringing farmers before the courts, saying the exercise "simply requires a phone call and a request to present yourself to court." Worsley-Worswick said this latest attack is "clear police brutality and harassment," and part of ongoing efforts to scupper the unity government. There was still no word on Tuesday what condition Pott's mother was in, or whether police had released her to seek medical attention.

The attack comes just days after a Banket farmer was beaten on his farm last Friday, by the son of a top political official set on taking over the farm. Patrick Stooks received serious facial injuries after being repeatedly punched and then hit in the face with the butt of a shotgun. The official, Philip Chamboko, who holds a political role at the Zimbabwean embassy in Tokyo, has been trying since last year to remove the Stooks from their land.

Patrick and his wife Sue, were both locked up for three days in deplorable conditions last year, on trumped-up charges relating to the invasion of their land. The case was eventually thrown out of court as the prosecution witnesses admitted that the police had forced their statements out of them. Chamboko's son, Gideon and his hired thugs, continued to live on the farm but last Monday a High Court ordered the illegal occupation of the land to cease. On Friday Patrick came under violent attack after he confronted Chamboko, whose thugs vandalised Patrick's farm equipment. The attack was in full view of the Deputy Sheriff of the High Court who was there to serve the order papers on Chamboko and his men, but unsurprisingly, the police have taken no further action.

The ongoing invasions of Zimbabwe's remaining commercial farms have been fully supported by police officials, acting on the direct orders of the Attorney General, Johannes Tomana. Police have repeatedly been involved in attacks against both farmers and their staff, while at the same time, police officials have refused to carry out the many court rulings ordering land invaders off stolen land. Instead, police have actively ignored the flimsy legal protection held by the country's remaining commercial farmers, hauling them before court for 'fast-track' prosecution.

JAG's Worsley-Worswick explained on Tuesday that the recent actions by a Supreme Court Judge have "paved the way for fast track litigation to go ahead." Earlier this month, Chief Justice Godfrey Chidyausiku heard the case of a commercial farmer, protected by last year's SADC Tribunal ruling, which was meant to guard against future land invasions. Worsley-Worswick explained that the Chief Justice "systematically destroyed any argument raised by the farmer in the case," and he expressed fears that it is the start of a major legal offensive against the farmers.

Meanwhile as the farming community remains under siege, thousands of farm workers have been left jobless and penniless in a country already plagued by 94% unemployment. Their plight is being completely overlooked by the unity government, which has done nothing to stop the land invasions continuing.

Zimbabwe lawyers in anti-government march

HARARE - Zimbabwean lawyers on Tuesday defied a police ban and marched through the streets of Harare to protest against government’s alleged harassment of lawyers and journalists.

The march was staged around lunch time in central Harare. The lawyers had earlier met in a hotel where a decision was taken to defy a police directive to ban the march.

Prominent human and media rights lawyers such as Beatrice Mtetwa and Alec Muchadehama took part in the lunchtime protest.

MDC legislator and parliamentary chief whip Innocent Gonese joined in the march which started at the High Court, proceeded along Samora Machel Avenue into Fourth Street and then turned into Central Avenue where the protestors gathered outside a new government complex which houses the offices of the Ministry of Justice.

The lawyers staged their peaceful protest under the watchful eye of anti-riot police outside the government offices. For about 15 minutes they hoisted placards with messages denouncing violations of lawyers and media rights.

Some of the placards read, “Stop Abductions Now” and “Rule of Law not Rule by Law.”

The police officers cooperated with the lawyers and granted access to three representatives into the government offices to present a petition.

The Minister of Justice Patrick Chinamasa and his deputy Jessie Majome were not in their offices when the lawyers presented the petition.

“The ministers were not in the office but out gallant sister Irene Petras slipped the petition under door for the minister to have sight of the petition upon arrival,” said a representative of the lawyers Chris Mhike.

Petras is the Director of the Zimbabwe Lawyers for Human Rights (ZLHR).

Mhike said the march sought to highlight the continued harassment of lawyers in their line of duty.

“The march is a protest against the violations of the lawyer’s rights,” said Mhike.

The march by the lawyers comes barely a week after the arrest of prominent human rights lawyer Muchadehama and two Zimbabwe Independent newspaper journalists.

Muchadehama was charged with seeking to improperly release a group of human rights and political prisoners that he has been representing. A clerk of the High Court was also arrested on the same charges.

The journalists were arrested for allegedly publishing falsehoods after the Zimbabwe Independent ran a story naming members of the state security agencies who were involved in the abduction of political and human rights activists last October.

Several other lawyers have been threatened with arrest for carrying out their official duties. A High Court judge has in the past indicated that a prominent Harare rights lawyer might be charged for utterances that were made against the High Court.

The lawyer had said that the independence of the judiciary was highly compromised after the court had denied bail to a group of human and political activists facing charges of banditry and insurgency.

Two lawyers from the ZLHR were arrested in February after they presented themselves at the Harare Central police station. They intended to act on behalf of Women of Zimbabwe Arise (WOZA) members who had been arrested for staging a demonstration in Harare.

The lawyers, Rose Hanzi and Tawanda Zhuwarara, were charged with inciting violence. They were granted bail and had been appearing in court on remand but were on Friday summoned to the Harare Central police station in controversial circumstances.

“We hope that the message we have been trying to get across has got through that the legal profession should be treated with the respect it deserves,” said Mhike after the march. “We should not be punished for simply exercising our duties.”

In the petition left at the Ministry of Justice, the lawyers said they wanted the government to act on the harassment.

“Your urgent attention to these issues will be sincerely appreciated,” reads the statement by the Law Society of Zimbabwe in part.

“Lawyers will be particularly grateful for an assurance from your office and the ZRP that the independence of the legal profession shall be upheld in Zimbabwe and that harassment of the legal profession shall stop immediately.”

Friday, May 15, 2009

Tsvangirai Barred from State Function

Recently National Constitutional Assembly (NCA) leaders reported they had been blocked in their attempts to see the Prime Minister, by security details at his Munhumutapa offices, despite having been invited by Mr Tsvangirai himself. The Prime Minister sent his private secretary to confirm that Dr Lovemore Madhuku and his team were his guests, but they were still turned away by the security agents.

The NCA leadership drove off but were called back by Constitutional Minister Eric Matinenga, who told them that Deputy Prime Minister Thokozani Khupe had been called in to intervene.At the time NCA Director Ernest Mudzengi said when they finally saw the Prime Minister he acknowledged that on a daily basis his visitors undergo
harassment and he was trying to stop this.This week another incident has occurred, which exposes the fact that the Prime Minister is still not being accorded the respect he deserves. A delegation from North Korea is visiting Zimbabwe and Mugabe held a state banquet in their honour.

Although Tsvangirai had an invitation to attend the banquet he was forced to make a u-turn when he arrived at the State House for the event. His spokesperson James Maridadi said the guards denied him entry, because one of his security cars had not been cleared.

Maridadi said the Prime Minister refused to go in without part of his motorcade and went back home. Maridadi said: "The Prime Minister was driving into (State House) and one of his lead vehicles was said to be unregistered by those who were manning the entrance, and they said this vehicle would not go through on account that it was not registered. So as a matter of principle the Prime Minister said in that case I might as well make a u-turn and go back home."

No one else had problems getting into State House, including other cabinet ministers from the MDC-T.
One observer said it's incomprehensible that the MDC ministers did not walk
out in solidarity with their leader: "When the MDC crowd heard that Morgan
Tsvangirai was shut out they should have left the dinner in midstream, but
shockingly sat through the entire charade."

Since the issue happened at the gate it is possible that the MDC ministers
may not have known what had happened. We tried to get clarity on this from
James Maridadi, but he said he couldn't comment on other MDC officials as he
is only the spokesperson for Mr Tsvangirai. We then called MDC spokesperson
and Information Minister Nelson Chamisa, but he said he couldn't comment as
he is not the spokesperson for the government or for Mr. Tsvangirai.

Zimbabweans have not forgotten the Gukurahundi, that saw the massacre of at least 20 000 people from the Matabeleland and Midlands regions, and the role the North Koreans played in training Mugabe's 5th Brigade involved in the attacks.

Many observers have criticised the fact that the MDC even considered attending an event for the North Koreans. Political commentator Glen Mpani said: "It's just mind-boggling why the MDC decided to sanitise the visit of such a controversial delegation, whose record on good governance is very poor. The MDC's constituency in Matabeleland was victim of the product of the Koreans. What message is it sending to them? Sadly once again under the guise of working together, the party is condoning the 80s brutal acts and impunity, and dining with the devil."

Zimbabwe's Money Problem - Gideon Gono

HARARE- Reserve Bank chief Gideon Gono met and threatened senior central bank employees whom he accuses of working with externals to oust him as the governor, a senior RBZ official said.

The threats by Gono comes at the time when an International Monetary Fund (IMF) technical team is expected in the country on Monday."The central bank governor met divisional heads today (Friday) and threatened them with unspecified action accusing them of working to oust him,"said a senior RBZ official.

According to the official,Gono said: "Some of you are working with some individuals outside the bank to remove me.I am not going anywhere I am still the governor.If the IMF team comes no-one will meet them without my approval."

Gono according to the sources declared that 'the war has just begun' and vowed no-one will ever remove him from his post.The central bank chief stands accused of printing money unchecked causing hyper-inflation when the country was still using the Zimbabwean dollar as the main currency.

The IMF says the central bank books must be audited and have already recommended the removal of Gono for poorly running the central bank causing the hyper-inflation and economic woes the country has been facing in the past six years.

However, Gono has defended himself saying he was printing money to invest in the farm mechanisation programme to assist resettled farmers.Zimbabwe political leaders in the inclusive government President Robert Mugabe and Prime Minister Morgan Tsvangirai are expected to announce the resolutions of the outstanding issues in the Global Political Agreement.

Mugabe has already said that Gono will not leave his post at the central bank while the Movement for Democratic Change has been calling for his removal.According to the GPA the country's principals are to consult each other on the appointment of senior government officials that include the permanent secretaries,ambassadors, the attorney general and the governor of the central bank.

Thursday, May 14, 2009

Zimbabwe Rape Victims: Rights Group Demands Justice

by Norest Muzvaba

JOHANNESBURG - A women's rights group on Wednesday called on Zimbabwe's power-sharing government to bring to justice people who committed human rights violations including sexual abuse against women during the run-up to a controversial second round presidential ballot won by President Robert Mugabe last June.

The Women Coalition of Zimbabwe (WCZ) also urged Southern African Development Community (SADC) leaders to pressure the unity government of Mugabe and Prime Minister Morgan Tsvangirai to uphold a regional protocol on gender.

"Any transitional process will not be effective unless it addresses the issues raised by those affected. Attempts of national healing and reconciliation without (justice) provide a short-lived remedy to conflict," said WCZ chairwoman Emilia Muchawa, during the launch in Johannesburg of a documentary on violence against women in Zimbabwe.

The documentary titled, "Hear Us - Zimbabwean Women Affected by Political Violence Speak Out", and an accompanying report titled, "Putting it Right: Addressing Human Rights Violations Against Zimbabwean Women", give detailed accounts and footage of how women were beaten, tortured and raped during the violence that engulfed Zimbabwe before the June vote.

Women's groups estimate that more than 2000 women may have been raped between May and June last year.In one of the most touching moments captured in the documentary a woman identified only as Memory recounts how she was gang raped by militia from
Mugabe's ZANU PF party at torture camp in rural Zimbabwe.

She recalls: "When I arrived at the base, they removed all my clothes and I was raped by three men, one after the other," Memory says in the documentary. She added that after the rape she attempted to file a report with the police who however declined to accept her statement.

"We are not dealing with political violence cases. The time will come when we will deal with them," Memory recollects one police officer telling her.The documentary was produced by the WCZ working in collaboration with the Research and Advocacy Unit (RAU).

RAU is a non-governmental organisation based in Harare pushing for setting up of a truth, justice and reconciliation commission and working on providing specialist assistance in research and advocacy in the field of human rights, democracy and governance.

Zimbabwe witnessed some of its worst ever political violence during the run up to the June vote that was being held after Mugabe was defeated by then opposition leader Tsvangirai in an earlier vote the previous March. But the opposition leader failed to achieve the margin required to take power and avoid a second round run-off vote.

Tsvangirai pulled out of the June ballot citing state-sponsored attacks against his supporters and in the process, leaving Mugabe to win as sole candidate.

But the election was universally condemned, with African countries that had refrained from criticising Mugabe in the past also denouncing the
violence-marred election - a situation that forced Zimbabwean leader to open negotiations to share power with Tsvangirai and Arthur Mutambara, who heads
a smaller opposition party.

The WCZ said it welcomed the power-sharing agreement or global political agreement (GPA) signed last September because the document acknowledges equality between men and women and recognises women's role in nation building.

But the group urged the SADC, which brokered the GPA, to pressure the Harare vernment to implement the power-sharing agreement in full including clauses underpinning women's rights.

Regional governments should also lean on Harare to incorporate the SADC Protocol on Gender and Development into Zimbabwean law, according to the WCZ.