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RESOLUTION 1325
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Who's Responsible for Implementation?
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Amnesty
International Presentation of the Activity Report of the Special Rapporteur
on Human Rights Defenders
Amnesty International, Oral Statement, 6 May 2005
Chairperson, Commissioners,
Amnesty International remains deeply concerned by the repression of
human rights defenders in Zimbabwe. Over the past four years, they
have been subjected to threats, ongoing surveillance by state security
agents, arbitrary arrests, physical violence and torture.
Several individuals have been forced to flee the country. Because
they are critical of the government, human rights defenders are viewed
as supporters of the political opposition, the Movement for Democratic
Change (MDC) and have been branded as subversive, foreign-controlled
and racist.
Amnesty International is particularly concerned by the treatment of
human rights defenders belonging to the women's movement, Women of
Zimbabwe Arise (WOZA). Since February 2003 WOZA activists have repeatedly
been arrested by the Zimbabwe Republic Police while taking part in
peaceful demonstrations to protest the worsening social, economic
and human rights situation in the country. They have also been arrested
while attending private meetings and for engaging in public prayer.
WOZA activists have been verbally and physically abused in police
custody and denied access to lawyers, food and water. Babies and young
children have been detained with their mothers, sometimes overnight
in police cells.
In the first three months of 2005 no less than 300 WOZA activists
were arrested or detained by police on four separate occasions, including
International Women's Day. Dozens were beaten, some severely. Most
recently, on 31 March police broke up a peaceful post-election prayer
gathering in Harare, arresting some 260 women. Many were beaten during
and after arrest. A number of the women were badly injured and had
to be hospitalized. They were released the following day having been
pressurized into paying "admission of guilt" fines for alleged
road traffic offences. The women were reportedly told that if they
did not pay fines they would remain in detention over the weekend
and face charges under the repressive Public Order and Security Act
(POSA).
Amnesty International condemns the use of national legislation to
suppress freedoms of expression, association and assembly and silence
dissent in Zimbabwe. In particular the organization repeats its condemnation
of POSA and strongly supports the recommendation made by the African
Commission on Human and Peoples' Rights in the report of its 2002
Fact-Finding Mission to Zimbabwe that POSA should be amended to meet
international standards for freedom of expression.
At the 36th Session of the African Commission in Dakar, Senegal, in
November 2004 Amnesty International raised its serious concerns about
proposed new legislation governing the operation of NGOs in Zimbabwe,
which specifically targeted NGOs working on governance and human rights
issues. Although the NGO Bill was passed by Zimbabwe's parliament
on 9 December 2004 it has not been signed as law and current indications
are that the law will be revisited by parliament. While this is welcome
news Amnesty International is deeply concerned by the climate of insecurity
and threat which this legislation has created amongst human rights
NGOs.
Amnesty International believes that the introduction of the NGO law
is a deliberate attempt on the part of the government of Zimbabwe
to paralyze the activities of human rights organizations and thereby
limit criticism of the government. Amnesty International views the
NGO legislation as consistent with previous attempts by the government
of Zimbabwe to use repressive legal measures to curtail the activities
of human rights defenders and prevent the investigation, documentation
and reporting of human rights violations in the country.
Amnesty International therefore calls on the African Commission to
hold the government of Zimbabwe accountable under the African Charter
on Human and Peoples' Rights (African Charter) by requiring it to:
immediately cease all harassment, intimidation and other human rights
violations against human rights defenders, and to fully implement
the African Charter and the UN Declaration on Human Rights Defenders,
by among others, respecting and ensuring the rights to freedom of
expression; to assembly and association of defenders; make publicly
clear that any legislation governing the operation of NGOs or the
work of human rights defenders will be fully in line with Zimbabwe's
commitments under the African Charter, and will fully reflect the
provisions of the UN Declaration on Human Rights Defenders and the
Resolution on the Protection of Human Rights Defenders in Africa,
adopted by the African Commission at its 35th Ordinary Session in
Banjul, the Gambia, in June 2004; repeal or amend all national legislation
which is incompatible with the principles and provisions of the African
Charter; end the legacy and culture of impunity for human rights violations;
fully implement the African Commission's recommendations following
its mission to Zimbabwe in July 2002.
The African Commission should set up a working group, to be chaired
by the Special Rapporteur on Human Rights Defenders, which will follow-up
on the extent to which the government of Zimbabwe has implemented
the recommendations, including those on the protection of the rights
of defenders.
For Original Version visit the Amnesty International
USA Website: http://www.amnestyusa.org/women/document.do?id=80256DD400782B8480256FF9004EEDA2
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