Hundreds of members of Women of Zimbabwe Arise (WOZA) and Men of Zimbabwe Arise (MOZA) took to the streets of Bulawayo this morning, marching for several blocks to Mhlahlandlela Government Complex to declare a national disaster and demand immediate food aid for all Zimbabweans. Nine members have been arrested at the time of this release.

On arrival at the Government Complex, the group of approximately 200 sat down outside the gates whilst a delegation of four elderly women went in to request that the Regional Department Heads of all the service departments come out and address the crowd on what is being done to alleviate the humanitarian crisis facing the country.

The group sat peacefully waiting to be addressed for 45 minutes before five riot police approached the group. Two leaders, Jenni Williams and Magodonga Mahlangu, were arrested and taken to Drill Hall, which is across the road from Mhlahlandlela. The rest of the group were forcibly dispersed by being beaten with baton sticks. At least one member is receiving medical attention for the beating she received. Williams and Mahlangu were later taken to Bulawayo Central Police Station, where they are currently being held.

It appears that a group of seven women were arrested before the demonstration began as they were sitting waiting for the signal to start. They were apparently sitting near some black market foreign exchange dealers and were arrested along with them. They have also been taken to Bulawayo Central Police Station. Lawyers are still trying to verify reports that the group had been beaten inside Bulawayo Central.

The peaceful protestors had begun their march near the High Court and processed several blocks to Mhlahlandlela, singing and handing out the October 2008 Woza Moya newsletter to passers-by who rushed out into the street to receive them. A copy of the October 2008 newsletter with the group’s demands can be found below.

The demonstrators also paused at two intersections to sit down whilst chanting in Ndebele – ‘ayihlale phansi ihambe umthetho’ (sit down and maintain discipline). As during their last demonstration two weeks ago, this was sang both as a way to ensure that the activists maintained non-violent discipline and also as a message to politicians to sit down and respect the deal. Other songs sang include a WOZA favourite – ‘this is an issue that men are failing to solve’.

The protest was further to a previous peaceful protest on 29 September where the theme was ‘actions speak louder than words’. The political impasse continues a month after the power-sharing agreement was signed and the crisis facing people in their daily lives deteriorates dramatically every day. The power-sharing deal mentions grave concern for the humanitarian crisis facing people and yet still nothing has been done. People and children are dying of starvation whilst the politicians continue to talk.

WOZA therefore continues to demand immediate action regarding the formation of a new government that will begin to work on solving urgent social issues, like food, electricity and water. Recognising that the situation in the country is now a national disaster we also demand that ALL Zimbabweans receive access to food aid and also seed and agricultural inputs.

In other news, both groups of members facing trial this week have been removed off remand. On Tuesday 14th, the decision on the application for review of the case of Cynthia Ncube and Trust Moyo was not ready. Whilst the decision from the High Court is pending, they were removed off remand.

The ‘Chikurubi 14’ due to face trial in Harare Magistrate’s Court on Wednesday 15th, were also removed off remand. The docket was not available and although the State tried to insist that they were ready for trial and were trying to get the group further remanded for trial, the Magistrate upheld the resolution that she had made on 26th August that if the trial did not take off on the 15th October, the group would be removed off remand.

We also ask that you call Bulawayo Central Police Station on +263 9 72515, 61706 or 63061 and ask for the immediate release of all WOZA members including Williams and Mahlangu and that they not be mistreated in custody.

Background
Women of Zimbabwe Arise (WOZA) has consulted with members over the last few weeks on the constitutional reform process initiated by Article 6 of the Global Political Agreement (GPA)1 and recognise the opportunity to play a role in making this process result in a truly democratic Zimbabwe. WOZA has already been involved in joint civic society discussions on these developments and will continue to take part in a coordinated response. We are prepared to participate fully in the process but do so under protest as we feel there are serious shortcomings in the procedures articulated in the GPA.

Ordinary Zimbabweans were not consulted and did not input into the 15 September 2008 Global Political Agreement. It may therefore prove inadequate as a tool of creating a truly people-driven constitution.
Constitutional Amendment 19 went further in providing wide-ranging direction and oversight role to the Parliament of Zimbabwe, which makes the constitutional process subject to political party control.

Whilst we acknowledge that the people voted for Members of Parliament and Senators and recognise that they can be expected to represent the views of the people in their constituency, constitution making should be an inclusive process. It is a given that the whole nation needs to take ownership of their right to determine how they are governed. At the very least, elected representatives need to conduct public meetings to hear the views of the people in their constituencies in open and direct discussion rather than making unilateral decisions on our behalf.

Most importantly however, we feel that there is no real operating climate for full enjoyment by citizens of all their freedoms of expression and assembly. There continues to be flagrant disregard for the rule of law, politically motivated and indiscriminate arrests and detentions and a climate of fear remains. Citizens need a tangible sign that they will be able to meet and debate without harassment before a truly meaningful process can be embarked upon.

We recognise that Zimbabweans have long dreamed of their very own constitution, not a temporary arrangement that the Lancaster House Constitution was supposed to be. Instead of getting a truly people-driven process in 1987, the constitution was changed to become a one-party state. In 2000, they wanted to change it again to give the president even more executive powers. We voted NO because we wanted less concentration on executive powers. We have had too many false starts and still need to complete this reform process and come up with a constitution we can be proud of.

Taking the step
WOZA members believe that it is better to light a single candle than to complain about the darkness. In this spirit and committed to the constitutional reforms outlined in the WOZA People’s Charter and reaffirmed in the Zimbabwe People’s Charter, we will fully participate in order to ensure people are able to input into this most important of documents. We will contribute despite the threat of arrests and detentions. We will meet any attempts to disrespect our views with ‘tough love’.

We will take the step towards a fresh process with commitment and vigour, eager to vote in a referendum for a new constitution. We are impatient to arrive at the day we can vote in a free and fair election conducted in terms of the provision of that new democratic constitution so that we can complete the change and get on with our lives.

Recommendations for a participatory process
Below we have outlined recommendations that we believe will ensure that the process, despite its inauspicious beginnings, could be truly participatory.

• The letter and spirit of the GPA is packed with rhetoric about gender equality but in deed the power-sharing government has been found lacking. We therefore request meaningful participation by women, and not just any women. Women who are known to engage and consult and represent our issues, in all constitutional processes. This includes members of subcommittees, be they technical; related to drafting; consulting or logistics. In addition the public face of the consultative process must be gender balanced. There should be equal amounts of women chairing and presenting in all meetings.
• Special sessions for women only should be provided for as women have long been marginalized in Zimbabwean society. They have a unique contribution to make to dignify our nation.
• The youth are now a stolen generation, devoid of hope and opportunity. We also recommend that special sessions for under-25 year olds be convened. Having their own sessions will boost their confidence that they also have a place in rebuilding the nation.
• There needs to be a transparent process in the selection of civic society representatives in the subcommittees. We need committee members with clear roles and responsibilities. They should also be people with a clear understanding of constitutional issues rather than being politically loyal. We would be well represented by those who have constituencies. Committee members must be accountable to their constituencies and hold consultative and report back meetings to make the process truly participatory.
• We want freedom of expression and freedom after expression. To ensure this right is respected, police, both uniformed and non-uniformed, must undergo training on issues of public order so that they do not interfere in our right to meet and debate. Any officer who is unable to be professional and respect civil rights must be dismissed. See GPA Article 12.1(b) – Freedoms of Assembly and Association4 and Article 13.2(a) – State organs and institutions.5
• Mobilisation needs to be all-inclusive and so broad communication is essential. Public hearings and consultations with public must be advertised well in advance not only on television and in print media but also by alternative media so that all communities are advised and can participate.
  For the process to be as inclusive as possible we would like to see the select committee promoting the need for, and accepting, written submissions from both individuals and organisations, from within Zimbabwe and without. We recommend numerous acceptance points for such submissions, for example email, text messages or suggestion boxes. More weight should be attached to identified submissions rather than anonymous contributions but we these communication tools would nonetheless have been used to stimulated debate.
• With the manipulation of information being the issue that derailed previous attempts at constitutional reform, we therefore suggest that: the process of compiling opinions obtained during public consultation be transparent and include checks to prevent suppression of “unwanted” views. A summary of views should be published before the drafting of constitution is done.
• It is said the devil is in the detail. We require that there be civic society representatives within the drafting sub-committee. They will participate in conducting a complementary recording and drafting role.
• To mobilise Zimbabweans to keep control of the process, a ‘Draft Monitoring and Observer Working Group’ should be formed to provide civilian oversight and real-time reporting on content obtained from meetings. They will also provide early warning that the process or content is being hijacked. This Working Group will post reports on the website for historical proof of contributions. Should the process become a victim of the hidden hand of political expediency, proof will be available to mobilise a NO vote.
• WOZA wish to receive an invitation to attend the all stakeholders’ conferences. We also require the opportunity to input into planning of objectives, agenda and format. We want to see an acceptable process for the stakeholders’ conferences, by which the agenda is not controlled by the select committee.
• It is vital that the draft constitution be made available well before the second stakeholder’s conference so that we are able to audit it to see if all views are considered and how it compares to the published summaries.
• At the second stakeholders conference we will expect a report by the drafting subcommittee explaining why they have chosen specific formulations over others. This is to ensure the committee can be accountable for consideration of all views.
• It is a given that a draft will be prepared from public input. Parliament must not amend the draft; rather debate it for clarification of certain aspects. Should Parliament wish to alter some formats or contributions, they must be required to come back to the all stakeholders’ conference to present their views for ratification by the stakeholders.
• The Independent Electoral Commission should be replaced by a genuinely independent commission to restore confidence in voting procedures. We expect the referendum to be conducted by an outside neutral body with independent expertise, as it is important to avoid further poll disputes.
• Zimbabweans have long been marginalized by not being issued with documentation. The power-sharing government must make a special effort to redress this injustice. In the meanwhile, every citizen under the Amendment 19 criteria should be allowed to vote in the referendum with either their identity document or passport, without drawing up a new voters roll. In addition, Zimbabweans in the Diaspora should be allowed to vote so they feel included in the future of their country.
• The power-sharing government must take cognisance of our impatience to exercise our full democratic rights under a new constitution. We therefore demand clear timelines as to the next election following the referendum process as both the GPA and Amendment 19 is silent on this timeline. We do not expect any timelines to be shifted by more than two months.

Conclusion
As stated above, WOZA is fully committed to participating in the constitution-making process that has been initiated by the GPA. Nonetheless, we have serious reservations about the procedures as outlined in Article 6 as we do not believe that they are inclusive enough. We also recognise that these procedures are predisposed to excessive control by politicians. Whilst we are prepared to give members of our new government the benefit of the doubt, we are aware that Zimbabweans have been badly let down by politicians in the past. Together with our partners in civic society, we do not intend to sit back and quietly allow them to minimise the participation of the very people in whose name they claim to be writing the constitution.

We have clearly outlined recommendations above that we feel are minimum requirements for WOZA’s participation. We are determined to advocate for the implementation of these recommendations at every given opportunity and reserve the right to review the nature of our participation should the environment become untenable.

Sungano Yemadzimai (Sisterhood Bond)

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WOMEN OF ZIMBABWE ARISE – WOZA
P. O. Box FM 701, Famona, Bulawayo
By Women for Women and with Women, across Race, Colour, Creed, Class or Political Persuasion. Empowering Women to be Courageous, Caring, Committed and in Communication with their Communities.

WOZA SISTERS’
SUNGANO YEMADZIMAI

Zita rangu ……………………………………………………………………………………………

Ndirikuvimbisa kuti ndichabatsirana nemamwe madzimai. Tichabatana mawoko pakurwisa kuti ticherechedzeke pakudzosa Zimbabwe murunyararo, muutongo whakajeka, nebudiriro.

Apo kurwisa kuchienderera mberi ndichayeuka zvinotevera:

1. Kutaura nokukurudzira mamwe madzimai kuti aite saizvozvo kuti inzvi remadzimai rinzvike. Madzimai aafanirwi kushupika akanyarara.
2. Mukusanganira nevamwe tichi kurukura nezvinotishungurudza nokusimuka tichiita panekungo gununguna.
3. Kuva munyaradzi nomuteereri kusimbisana. “Kukurukura kunotapudza shungu nenhamo”.
4. Kuratidzira rudo no kusatya mudzimba medu nemu vavakidzani, ndichibatsira kubvisa kutya muvanhu.
5. Madzimai, mamai eZimbabwe yose. Saka, ngaa wane chiremera.
6. Kuva, mumiririri wezvinhu zvisina hukasha, kuratidza vanhu kuti tinogona kugadzirisa nyaya dzinotinetsa kusina vhingamupopoto.
7. Kuva ne chido chokubatana pakunzvirana nemadzimai anepfungwa dzakafanana.
8. Kukurudzira zviitiko zvinokururama muna mwari. Nokurarama pakumuziva.
9. Kumiririra kuva Democratic, nekuzvininipisa mune zvakawanda, zvinobva muvanhu.
10. “Kurwadzisiwa komumwe wedu, kurwadzisiwa kwedu tese”.

Ndinovimbisa!

Ndatsidzira : ………………………………………… Zuva: ………………………………………………

Mupupuriri : ………………………………………… Mupupuriri : ………………………………………

Copyright © 2004

ON Saturday 16th, police officers released the nine WOZA members who had been in detention since Wednesday night. Two members, Samukeliso Sibanda and Jema Gama, were asked to report to the police station this morning (Monday).

Upon arrival, the two were advised that they were to be charged with being a ‘public nuisance’ under the Criminal Law (Codification and Reform) Act. They were then taken to the Magistrates Court where they appeared before Magistrate Charity Maphosa. The defence lawyer from Zimbabwe Lawyers for Human Rights advised that they plead guilty, which they did. The magistrate will deliver a ruling at 11:15 on Tuesday 19 August 2008. The charge normally carries a fine.

Whilst the two women appear in court on the 19th, WOZA will launch a report on the trauma experiences of its members in Johannesburg, South Africa, entitled ‘Counting the Cost of Courage: Trauma Experiences of Women Human Rights Defenders in Zimbabwe’.

NINE WOMEN, were arrested in Bulawayo on Wednesday night. They are being charged with ‘malicious damage to property’, a charge, which they are denying. Zimbabwe Lawyers for Human Rights are representing the women and hope they will appear in court on Saturday August 16.

Four of the younger members were seen ‘road-writing’ the WOZA ‘love’ slogan and the ‘Woza Moya’ (come healing wind) on a road in Mabutweni suburb of Bulawayo under cover of darkness. They were arrested and detained first at Western Commonage station before being transferred to the dirty police cells at Bulawayo Central. Police officers then threatened them and forced one to point out the homes of other leaders. A further five including two 75 year olds, were taken from their homes and detained. It is unclear why they are facing the same charges or why they were arrested.

WOZA wish to make it clear that the arrest of our members is a further violation of the Memorandum of understanding signed by Zanu PF, and the 2 MDC parties as part of the SADC led Dialogue. It is further proof that Zanu PF may have called for an end to violence in word but no in deed. It is also our view that unless there is an audit and transformation of the police and army, there can be no healing and restoration of human rights in Zimbabwe. We will continue with our grafitti road writing our messages until the politicians hear us loud and clear.

WOZA leaders will march with South Africa labour and civic society on Saturday 16 August 2008 to deliver demands to SADC leaders. Once such demand is articulated in our slogan – Woza Moya which is written on many roads in Zimbabwe by WOZA members.

P.S. Please feel free to donate paint to assist us in this messaging.

Approximately 300 WOZA members marched through the streets of central Bulawayo this afternoon. The aim of the march was to draw the attention of preoccupied politicians to people’s needs, namely bread and butter issues; or as WOZA likes to put it, bread and roses issues – bread representing food and roses representing the need for lasting dignity. No arrests have been reported at the time of this release although police were seen to respond after the demonstrators dispersed showing intention to arrest participants.

The protest also sought to test the Memorandum of Understanding (MoU) recently signed by Zimbabwe’s politicians to determine whether freedoms of expression and assembly truly have opened up. The MoU stated that there would be freedom of political activity and security of persons and prevention of violence. It further followed that there would be statements calling for an end to violence but Zimbabweans have yet to see this in word and deed.

The representative group of women and men marched to the offices of the Chronicle, the state-owned newspaper. As the peaceful activists marched, they distributed a newsletter detailing their demands (to read a copy of this newsletter, see July 2008 Woza Moya). By completing the march without incident, WOZA members have finally laid to rest the ghost of the International Women’s Day protest on 8th March 2008 where over 50 members received medical attention for the brutal beating they received from riot police when attempting to reach the Chronicle offices.

As they marched the members sang an Ndebele song with the words: “we are going to Pretoria – even if they arrest us or beat us and even if they have not invited us.” Signifying the need for representation at the negotiation table to ensure a lasting solution to the crisis in the country or else the only other option left to Zimbabweans is going the unofficial way – by border jumping as political or economic refugees. These are the bottom line choices for the negotiators.

Today’s march is also the first protest conducted by WOZA after the 28th May demonstration in Harare that resulted in 14 members being incarcerated in remand prison for several weeks.

WOZA intend to organise more protests over the next few weeks to press for civic representatives to be involved in the talks and to continue to ‘test’ the politician’s commitment to a non-violent solution.

THE 14 members who had been arrested on 28 May during a peaceful procession were remanded to trial on 26 August in Harare Magistrate’s Court yesterday morning.

Passports that had been confiscated as part of bail conditions were returned and all reporting conditions were removed. The trial was to have been held on 29 July but was postponed as the State was not ready.

On 15th July, two members charged with distributing materials likely to cause a breach of the peace in Bulawayo Magistrate’s Court were remanded to 16 September as, once again, the State was not ready to proceed to trial.

To read legal documents relating to the case against Jenni Williams and the 13 others, please look in the legal documents folder.

Good evening Mr. President, Mrs. Obama, members of Congress and the diplomatic corps, honoured guests, ladies and gentlemen.

It is a great honour to be standing here accepting this award tonight and I thank you. The accolade of winning the Robert F. Kennedy Human Rights Award should be a cause for great celebration. Yet, I find that even as I stand here, humbled and grateful, for the recognition, I find little to celebrate.

The Global Political Agreement signed in September of last year should also have been a cause for celebration. This agreement brokered by the Southern African Development Community (SADC) was to be a foundation for dialogue and cooperation between political parties.  A year later, however, we find ourselves in a situation of great uncertainty and violence.

Human rights defenders continue to be targeted for arbitrary arrest, harassment, torture and abduction by state agents.  Oppressive laws designed to silence democratic voices are still in place and still being used against us. My colleague, Jenni Williams, and I return to court on 7 December, facing charges of disturbing the peace for saying that people need food aid. We are facing five years in prison.

This harassment is also visited upon ordinary citizens. A badly paid police force routinely solicits bribes from people going about their business. Innocent people are arrested for loitering and vendors often have their goods looted for the personal use of police.

The economy has also not recovered enough to bring relief to the average household. We see food on supermarket shelves, but we cannot eat with our eyes. Unemployment remains at close to 95%, and with informal trade criminalised, most people remain locked in a daily struggle to feed themselves and their families.

The healthcare and education systems remain in crisis. While some schools have reopened, more and more children are dropping out as parents continue with the daily struggle to decide whether to put food on the table for the day or send a child to school for a week. Child-headed households are also becoming increasingly prevalent as HIV/AIDS, malnutrition, stress and a collapsed healthcare system combine to hound our people into early graves.  In Zimbabwe, the average life expectancy for a woman is 34 years.

This is the backdrop against which WOZA operates, providing Zimbabweans across political lines with a platform to speak out about their issues. Almost every month for the last seven years, women and men have taken to the streets to demand social justice and hold their leaders accountable through peaceful direct action. Invariably these peaceful protests have led to conflict with the state.

Thousands of my colleagues have faced arrest, torture and abduction – their only crime, wanting a better life for themselves and their families. I myself have been arrested more than 30 times in the last seven years for peaceful actions.  Once, I was even arrested for teaching women how to make lemon jam!

These arrests do not deter us because WOZA has empowered us to believe that we deserve better. We deserve to have a roof over our head, food in our stomachs, our children in schools and the nation working. We deserve to live in dignity and free from fear; and it is our right to have our voices heard and respected. That is why I joined WOZA. While Mugabe boasts of having degrees in violence, I and 75,000 WOZA members who stand beside me, have degrees in non-violence.

Our aim is to uphold universality and nonviolence, for a better life-for ourselves and for our children. The Robert F Kennedy award not only validates WOZA’s work, it amplifies our voices. Your efforts send the message that we are not alone and that the world is watching.

I would like to appeal to my sisters and brothers from Africa, guarantors to the Global Political Agreement (GPA). Since it was signed last September, there have been thousands of violations. We call on SADC and all friends present to ensure that the spirit and the letter of the GPA are fully respected and implemented.

We appeal to you to help us rebuild our healthcare and education systems and ensure that every person has enough to eat. We are not asking you to solve our problems for us. We are asking you to support our choices and help us implement them.

In the words of Robert F. Kennedy, “The future is not a gift: it is an achievement. Every generation helps make its own future.” Help us achieve ours.

I thank you.

WOZA leaders. Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court again this morning after their case was postponed from yesterday. They were once again remanded out of custody to 7 December 2009. Attempts by defence lawyer, Kossam Ncube to have the pair removed off remand were unsuccessful as the prosecutor stated that the case is too controversial to allow for that. He reluctantly agreed to a long remand to allow for the written ruling from the Supreme Court to be received. The Supreme Court had given a verbal ruling on 4th June that their arrest had been unlawful but is yet to provide a written ruling to that effect.

Tomorrow marks one year since the 16 October 2008 arrest of the pair following a peaceful demonstration calling on the government to provide food aid for all. They spent three weeks in Mlondolozi Prison just outside of Bulawayo before being released on bail. They have appeared in court on numerous occasions during the year. This ongoing demonstration of state harassment and intimidation against the human rights defenders is further proof of how little has changed for pro-democracy activists in Zimbabwe.

EIGHT WOZA members and two lawyers appeared in Harare Magistrate’s Court today, 28th April. Although due to appear on trial, the State did not have its house in order for the trial to proceed so the magistrate removed the activists off remand. The State will have to proceed by way of summons if they still wish to do so. The group of 10 were arrested on 10th February after an early Valentine’s Day protest in Harare. They were facing charges under Section 37 1 a i) of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’. They were represented by Andrew Makoni.

In another matter, five members arrested on 25 February outside the Ministry of Education, the Education ‘Five’, appeared in Harare Magistrate’s Court on 19th March and were remanded out of custody to Monday 4th May. Their lawyer, Alec Muchadehama, will apply for them to be removed off remand if the State is not ready to proceed to trial on this date. They face the same charges of disturbing the peace, security or order of the public.

In the third WOZA matter before the courts, Jenni Williams and Magodonga Mahlangu will appear before Magistrate Charity Msipa in the Bulawayo Magistrate’s Court on Thursday 30th April.

The matter was last heard on 18th March when defence lawyer, Kossam Ncube, indicated that he would be taking a direct application to the Supreme Court. The magistrate had thrown out an earlier request to apply to the Supreme Court saying the application was frivolous and vexatious and that the trial should proceed immediately. (For a copy of the full ruling, see the Legal Documents folder to the right) Under a separate clause of the Constitution, Section 24 (1), applicants can apply directly to the Supreme Court if they feel that they are still aggrieved. This was subsequently done. (The text of the two applications can also be found in the Legal Documents folder to the right)

The Supreme Court has yet to allocate the urgent application to a judge as they are all said to be on leave.

It is difficult to predict what will occur Thursday as Magistrate Msipa has previously ignored appeals to higher courts and had disallowed the first Supreme Court application. Williams and Mahlangu face a possible five years in custody if convicted.