This page summarizes cases raised with Zimbabwe by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Zimbabwe.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Zimbabwe, English).
Observations
The Special Rapporteur thanks the Government of Zimbabwe for its response to the communication dated 5 March 2012, but regrets that it did not respond to the four other communications. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in other communications.
The Special Rapporteur notes the reply transmitted by the Government in relation to the suspension of activities of 29 NGOs in the Masvingo province. He remains concerned on allegations that the decision taken may be illegal as domestic laws do not provide the Governor with the authority to suspend the activities of any NGOs, nor do they oblige NGO to register with the Provincial Governor‟s Office and to conclude a Memorandum of Understanding with the local authorities. He requests that the Government provide him with any additional information in relation to the aforementioned case.
The Special Rapporteur urges the Government to ensure the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and association, particularly of women and men working on human rights issues. He recommends to the Government to put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate freedom of association without undue hindrances. A thorough and independent investigation into any allegations of any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur urges the authorities to refrain from using force during peaceful demonstrations. He further recommends a thorough and independent investigation regarding any allegations of excessive use of force and of torture and ill treatment, including against women, during peaceful demonstrations and to hold accountable those responsible and to provide full redress to victims.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Zimbabwe of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur regrets the Government of Zimbabwe only replied to one of the communication he sent during the reporting period. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communications, including those from the previous reporting period to which no reply has yet been received.
The Special Rapporteur remains very concerned about repeated acts of harasments and indimidation, including raids on civic associations and criminalisation of individuals for running an “unregistered” organization. On 27 February 2013, the Special Rapporteur joined a press statement issued by several special procedures mandate holders, in which they voiced concern over undue restrictions to freedom of peaceful assembly and of association in the run up to the constitutional referendum on 16 March and subsequent elections. The Special Rapporteur believes that undue restrictions to the rights to freedom of peaceful assembly and of association, which are essential components of democracy, especially during electoral period, have a detrimental effect on the electoral process.
He urges the authorities to ensure the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and of association and to ensure these rights are enjoyed by all without any kind of discrimination. He urges the authorities to take positive measures to ensure individuals can freely exercise their right to freedom of association and of peaceful assembly and are not subject to, or threaten to be subject to, discrimination, threats or use of violence, harassment, persecution, intimidation or reprisals.
In relation to reported acts of harassment and intimidation against human rights defenders members of associations, the Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 which “reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights”.
The Special Rapporteur reminds the Government of Zimbabwe of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Zimbabwe for acknowledging receipt of the communication sent on 8 October, but he regrets to not have received a substantive response to date to neither of his two communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide him, as soon as possible, with detailed responses to all the concerns raised in these communications.
The Special Rapporteur wishes to express his serious concern at the alleged excessive use of force during a peaceful protest in Harare in September 2013 and the reported arrest of three women leaders of the Women and Men of Zimbabwe Arise (WOZA), peacefully protesting: Mses. Jenni Williams, Ms. Magodonga Mahlangu and Ms. Taurai Nyamanhindi. The Special Rapporteur wishes to emphasize the positive obligation of the State to facilitate the exercise of the right to hold and participate in peaceful assemblies. He reminds the Government of Zimbabwe that this obligation includes tackling practices that threaten or impede the enjoyment of the right to peacefully demonstrate by groups at greater risk of discrimination, violence, harassment and retribution, such as women. He urges the authorities to investigate into allegations of excessive use of forces during peaceful assemblies. He calls on the authorities to bring the perpetrators to justice and ensure that the victims will obtain adequate redress.
The Special Rapporteur calls upon the Government to put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms of peaceful assembly and association without undue hindrances. He reiterates the content of the operative paragraph 2 of the Human Rights Council Resolution 24/5 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law.”
The Special Rapporteur reminds the Government that the International Covenant on Civil and Political Rights acceded by Zimbabwe on 13 May 1991, guarantees the right to freedom of peaceful assembly and of association (article 21 and 22), stipulates that “each State Party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, without distinction of any kind, such as race colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”(article 2), and guarantees to all individuals equal and effective protection against discrimination on grounds identified in article 2 (article 26). He also reminds the authorities that according to article 21 of the International Covenant on civil and political rights “No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others” (emphasis added). International law therefore does not give the State any right to take measures to “limit acts that and place restrictions to guarantee national security”.
The Special Rapporteur reminds the Government of his country visit request sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
None
Observations
Response to communication
The Special Rapporteur regrets that no substantial response has been received to date relating to the allegations contained in his communication. He considers responses to the questions raised in his communications as an important part of the cooperation of Governments with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his utmost concern regarding to the arbitrary arrest, incommunicado detention and enforced disappearance of human rights defender and activist Mr. Dzamara in March 2015. He urges again the authorities to carry out an independent, thorough and effective investigation to locate his whereabouts and bring perpetrators to justice. He expresses serious concern about the stagnant investigations and widespread chilling effect that the disappearance of a human rights defender may have on others.
He stresses that it is the obligation of States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline (A/HRC/RES/24/5, operational paragraph 2). Moreover, he reaffirms that the rights to freedom of peaceful assembly and of association are crucial cornerstones for the possible emergence and sustainability of effective democratic systems.
The Special Rapporteur reminds the Government of Zimbabw of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation or harassment of any sort.
Country visit
The Special Rapporteur reminds the Government of Zimbabwe of his country visit requests sent in 2011 and 2013, to which a response is yet to be received. He trusts that such a visit would allow him to examine first-hand issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call upon States to consider favourably his requests for visits.
None
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
