Mnangagwa’s broken human rights promises two years on 

Source: Mnangagwa’s broken human rights promises two years on – The Zimbabwe Independent

Dewa Mavhinga:Human rights activist

IT has been two years since President Emmerson Mnangagwa was sworn in as president, on August 26, 2018. Zimbabwe’s government has made little progress since then in promoting and protecting human rights. Although President Mnangagwa has repeatedly voiced a commitment to human rights reforms, his administration in fact remains highly intolerant of basic rights, peaceful dissent, and free expression.

Unfortunately, the Zimbabwe security forces have increasingly committed serious violations, including violent attacks, abductions, torture, arbitrary arrests and other abuses against the opposition, government critics, and activists. The crackdown on anti-corruption protests on July 31 is just the most recent example.

On July 20, the police arrested and detained Hopewell Chin’ono, an award-winning journalist, and Jacob Ngarivhume, leader of the political group Transform Zimbabwe. Chin’ono and Ngarivhume had helped expose high-level corruption in Zimbabwe and called for the nationwide anti-corruption protests. The courts denied them bail, and, more than 40 days later, they remain in prison, accused of inciting public violence.

On July 30, the eve of the protests, security forces raided the house of Mduduzi Mathuthu, a prominent journalist and editor of the online newspaper Zimlive, in Bulawayo. Failing to find him, they arrested his sister Nomagugu Mathuthu and three nephews to compel Mduduzi to turn himself in. While the others were released hours later, the whereabouts of one of them remained unknown for at least two days. He was finally released, badly injured following some gruesome torture and required medical attention.

Come July 31, the police cracked down against peaceful protesters injuring at least 16 people and arresting about 60 protesters. Among them were award-winning novelist Tsitsi Dangarembga and opposition MDC Alliance spokesperson, Fadzayi Mahere. Dangarembga and Mahere were released the next day.

The security forces also used excessive force to crush nationwide protests in January 2019 that were triggered by President Mnangagwa’s announcement of a fuel price increase. During the protests, which spread throughout Zimbabwe, government forces fired live ammunition, killing 17 people, injuring many more and allegedly raping at least 17 women.

The previous year on August 1, 2018, six people were killed in Harare following protests over delayed election results. An international panel set up by Mnangagwa, the Motlanthe Commission of Inquiry, found that six people died and 35 others were injured as a result of actions by the state security forces. The commission’s important recommendations are yet to be implemented. Some of the recommendations include holding those responsible for the abuses to account and to compensate families of those killed and those who lost property.

The Mnangagwa administration has not yet set up the crucial Independent Complaints Mechanism, envisaged under Section 210 of Zimbabwe’s 2013 constitution to receive and investigate complaints from the public about misconduct or abuses by members of the security forces and to provide remedies.

Under Mnangagwa’s presidency, unresolved cases of abductions and torture of government critics have escalated without the arrest of any of the abductors. Last year alone, over 70 critics of the government have been reportedly abducted and tortured by unidentified people suspected to be state security agents. In May this year, three MDC Alliance activists — Cecilia Chimbiri, Netsai Marova, and a MP, Joanna Mamombe — were abducted after taking part in a peaceful protest. They were allegedly tortured and sexually abused before being dumped in Bindura, 80 kilometres from Harare.

Armed men also abducted Obert Masaraure, the national president of the Amalgamated Rural Teachers Union of Zimbabwe, at his home in Harare on January 18, 2019, and beat him severely with leather whips. They handed him over to Harare Central Police Station from where he was presented before a Harare magistrate on charges of subversion and inciting public violence.

In June 2019, Masaraure was once again abducted, stripped naked, and beaten by gunmen suspected to be state security agents. Before abandoning him in the bush, his captors ordered him to stop mobilising teachers for any job action.

In August 2019, six masked gunmen abducted, beat, and forced the popular Zimbabwean comedian and government critic Samantha Kureya (known as Gonyeti) to drink raw sewage. In the same month, eight masked gunmen wielding AK-47 assault rifles abducted another activist, Tatenda Mombeyarara. The abductors accused him of organising anti-government protests before beating him severely, breaking his left leg and a finger.

The following month, on September 14, 2019, three unidentified men abducted and tortured Dr Peter Magombeyi, then leader of the Zimbabwe Hospital Doctors Association, which had organised a series of protests to demand better salaries for government health workers. Magombeyi later fled the country.

Instead of addressing the issues raised by critics, on August 4, Mnangagwa addressed the nation and publicly described his critics as “dark forces”, “rogue Zimbabweans”, and “terrorist opposition groupings”. He said nothing about the constitutional rights of Zimbabweans to peacefully protest or the violations of government’s domestic and international human rights obligations.

The crackdown on activists has inspired a growing online campaign, with the hashtag #ZimbabweanLivesMatter, which has resulted in more than one million tweets in one week, all highlighting the appalling human rights situation in Zimbabwe.

The Mnangagwa government has, however, in the past shown itself capable of taking positive steps for human rights. Amongst the few bright spots is the amendment of the Education Act, a significant step forward for children across the country. Among other things, the amendment prohibits corporal punishment and the exclusion of pregnant girls from school in accordance with the constitution, which guarantees the right to education.

An overwhelming number of students have been affected by corporal punishment in Zimbabwe’s schools. The new law provides that children must not be subjected to any form of physical or psychological torture or cruel, inhuman, or degrading treatment at school, and prohibits teachers from beating students.

It further provides that every school must provide suitable infrastructure for students with disabilities and requires government authorities to ensure that every school, in the country protests the rights of students with disabilities.

These positive moves to protect children have sadly stood alone in a maze of ugly human rights violations. Even outside of politics, Zimbabweans have not fared much better in terms of protection of their rights.

The global Covid-19 pandemic worsened an already dire health crisis as the country. Zimbabwe has for a long time grappled with a critical shortage of skilled professionals and healthcare staff made worse by a dysfunctional infrastructure where hospitals are ill-equipped and without essential medicines and other basic needs.

Meanwhile violations of the right to food, through acute food shortages, persist. According to the United Nations, 7,7 million people (60% of the population) are food insecure. Around 5,5 million of these people live in the rural areas and 2,2 million in urban areas.

To bring an end to human rights abuses, Zimbabwe authorities should order serious investigations of all human rights abuses over the last two years and carry out the recommendations of the bodies set up to investigate. They should prosecute those responsible for abuses, including members of security forces, in accordance with national law and international standards. The government should also take urgent steps to reform the security forces, end their involvement in politics, and ensure that they act professionally and in a rights-respecting manner.

Zimbabwe’s constitution provides for a human rights framework, to enable millions of Zimbabweans to realise one of the main objectives of the struggle for independence: the enjoyment of fundamental human rights and freedoms. What is needed is the political will to carry out the constitution’s mandate.

If Mnangagwa fulfills his promises to respect human rights and the rule of law, the lives of ordinary Zimbabwe would be vastly improved. But so far it is all talk with little action.

Mavhinga is Southern Africa director of Human Rights Watch. — Twitter: @dewamavhinga

COMMENTS

WORDPRESS: 2
  • comment-avatar
    Kalulu 2 weeks ago

    There has been an outcry that the Zimbabwe government does not respect the national constitution.with the government stating that their actions are in line with the constitution and the rule of law.

    People who have faced the strong arm of the government say their actions are allowed in terms of the constitution but they are harassed by the state agents all the time they act in accordance with the terms of the constitution. 

    Is there a difference between the constitution used by the government and the one in the public domain?.

    Could the government come out in the open and explain to the public their understanding of the constitution and what rights people are entitled to so that it becomes clear to the ordinary person to avoid unnecessary problems with state agents; for instance such as whether the first family is above the law and therefore, should not be criticised; demonstrations are only allowed when praising the ruling party and its leadership; only ruling party members have a right to staging public demonstrations; only the first family is allowed to be greeted when travelling along the the highways and not opposition leaders etc. 

    The above would go a long way in making people understand their rights and actions as interpreted by the ruling party & government , this in turn would reduce unnecessary misunderstandings between the state and its subjects as well as the international community.

  • comment-avatar
    John Holland 2 weeks ago

    All stories, according to John Culley, political attaché at the British Embassy there are no Human Rights lawyers in Zimbabwe. in order to br a Human Rights lawyer he said you have to be apolitical and none are. So called human rights lawyers give journalists their information or they write an anti government story taking around 15 mins for 2500$ from the embassy, the most well paid job in the country. The way demonstrations are planned and violence from fake news. Lock all crooked journalists up and save lives.