On 13th April 2013 Women of Zimbabwe Arise (WOZA) legal representatives from Washington based Robert F. Kennedy Center for Justice and Human Rights and Zimbabwe Lawyers for Human Rights (ZLHR) filed a communication to the African Commission for Human and Peoples’ Rights during its 53rd session in Banjul, The Gambia.

The applicants in this communication are Jennifer Williams, Magodonga Mahlangu and WOZA. The two WOZA leaders have been arrested over 50 times in the 10 years of WOZA’s existence. Williams has filed as the official representative of Women of Zimbabwe Arise (WOZA).

The communication demonstrates Zimbabwe’s clear and systematic pattern of suppression of WOZA’s rights to engage in peaceful protest and public demonstrations. It details over 24 incidents of violations over the course of two years of the Applicants’ rights to freedom of expression, freedom of assembly, freedom of association, freedom from arbitrary arrest and detention, non-discrimination, and equal protection of the law-all protected by the African Charter.

Article 6 of the Charter states that every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. Article 9 of the Charter, protects the right to freedom of expression, and states that every individual shall have the right to express and disseminate his opinions within the law.

WOZA are of the view therefore that the right to engage in peaceful protest is an “essential and constituent element of democracies” and anchored by the twin pillars of freedom of expression and freedom of assembly.

Pending the finalization of this matter the two activists and WOZA members have requested the African Commission to grant provisional measures interdicting the Republic of Zimbabwe from interfering in any way with the Applicant’s right to peaceful protest and public demonstrations, particularly in the time period between the date of filing this communication and the 2013 Zimbabwean elections. In particular, the Applicants requested the African Commission to interdict the Republic of Zimbabwe to refrain from arresting or detaining the Applicants and other members of WOZA when they are engaging in peaceful protest and public demonstrations as protected by the Charter.

The applicants also requests that the Commission orders the Republic of Zimbabwe take measures to facilitate the right to engage in peaceful protest and public demonstrations and remove any restriction of the rights of freedom of expression and assembly in law or practice that is incompatible to the Human and Peoples Rights Charter.

The timing of this communication is due to escalation of repression on civic society organisations and the shrinking space for exercising and protecting human rights as Zimbabwe gears for harmonised election.

WOZA took this course of action after the Zimbabwe Republic Police have failed to respect the Supreme Court ruling of 26 November 2010. (Jennifer Williams and Magodonga Mahlangu v. Phathekile Msipha, the Minister of Justice and the Attorney General, Judgment No. SC 22/10). The ZRP continue to clamp down on WOZA and the repression has taken the form of criminalising peaceful processions and WOZA gatherings. The police have disturbed hundreds of peaceful processions, indiscriminately beating and arresting over 3000 members. During the 10th peaceful processions of Saint Valentine’s Day on 13 February, in Harare and in Bulawayo on 14 February 2013, police deployed tear gas, beat and arrested members.

Additionally, WOZA members who were marching on 13th November 2012 to demand Bulawayo city council adhere to water load shedding timetables and that the council deal with politicisation of water supply were beaten, insulted and dumped at a graveyard. The level of tribal insults and the symbol of dumping the members at the graveyard are serious threats against the organisation and its members. WOZA analysis points to a more direct tribal repression being practiced in Bulawayo by Police officers based there. This repression is part of the marginalisation of the region despite the fact that the orders carried out by Bulawayo police officers originate from the same command structure in Harare.

Despite this harassment by Police officers, WOZA have painstakingly attempted to engage the police leadership. Specific request have been that they follow the legal guidelines on dispersing peaceful protests rather than perpetrating abuses. When this failed, letters of complaint were written and ignored. The Joint Monitoring and Operating Committee (JOMIC) refused to deal with WOZA complaints arguing that their mandate was to focus on political parties despite clear requirements detailed under the global political agreement.

After the so-called Arab spring, repression increased and the Supreme Court ruling became completely ignored, leaving the human rights defenders without a route to hold the Police accountable and their right to assembly and peacefully express their views severely diminished.

Women of Zimbabwe Arise (WOZA), a civic movement with a countrywide membership of over approximately 85,000 women and men formed in 2002 to lobby and advocate on issues affecting women and their families in Zimbabwe. WOZA participates in a variety of campaigns locally and internationally and has conducted hundreds of peaceful protests and public demonstrations in Zimbabwe since 2002. WOZA’s express aim is to mobilise Zimbabweans, especially women, to demand social justice and it educates its members about their rights and freedoms and asks them to fully participate in all civic processes. WOZA conducts civic education programmes and teaches its members nonviolent ways to speak out about their issues.

Woza Moya Feb 2013

As Law and Order police officers in Masvingo, Mutare and Bulawayo looked high and low for WOZA leaders, three hundred and forty three members attended the fourth annual assembly at a secret location in Matabeleland South from the 17th to 19th August 2007. Members, both male and female, converged from Bulawayo, Mutare, Masvingo, Gweru and Harare with a large contingent from rural areas. This year’s theme was, ‘beaten, jailed but still determined to be free.’

The gathering is known as ‘Sheroes’ as it honours modern day sheroes. It is planned annually to celebrate the courage of ordinary women doing the extraordinary at the same time as the Government of Zimbabwe talks about their ‘heroes’.

The final session saw debate on the upcoming elections in 2008, which centered on whether members should support an election without the safeguard of a people-driven constitution or boycott proceedings due to the lack of a level playing field. A sample vote was conducted with the majority wanting to vote provided there are some electoral reforms and repealing of unjust laws such as POSA and AIPPA. The debate will now be taken to community meetings to finalise our position.

The main resolution of the Assembly was that WOZA, through its National Coordinator, Jenni Williams, was to continue to work with like-minded civic groups to pressure the ruling and opposition party to allow for a people-driven constitution-making process and to push for a transitional process that will allow this process to be conducted in an atmosphere of respect and equality.

The only civic group able to send representatives was Uhuru, as the assembly dates coincided with the SADC conference in Zambia. A South African activist was able to attend to witness proceedings and ‘learn about grassroots democracy’. She hailed the People’s Charter as a progressive route out of the governance crisis in Zimbabwe.

To brace with an expanding membership currently estimated to be over 55,000, the leadership body called ‘Mother WOZA’ has expanded. The election of 43 office bearers was conducted in a spirit of democracy. All candidates went through a process of their nomination being first confirmed within their community before they could stand at the congress. Unfortunately as they mostly work underground their names must be withheld until the government of Zimbabwe learns how to respect human rights defenders. The Uhuru delegates declared the elections to be free and fair and recommended that the government of Robert Mugabe could learn from WOZA on how to conduct an election.

Other business included the formulation of an urban and rural plan of action and a plan to intensify training on strategic non-violence.
Rural mobilisers also testified as to how they mobilise. In responding to the question about how they can mobilise so successfully when traditional leaders have lost their ability to be non-partisan, they responded, “when someone wants to be free they will always find a way to get there!” They said they ignored the threats and intimidation by telling each other “if you are a leader you must not have any fear and not be scared to address the situation. The chiefs now like us because they say we address the issues that are a reality in the country.” They went further to say that although war veterans and Zanu PF supporters continue to harass them, they remain determined to keep on demonstrating and working together as a team “so that they will finally agree with what we are fighting for – whether they like it or not.”

When asked the secret of their success they said, “When we are mobilizing people we do this area by area. We explain to them who we are and what we do and what our goal is. Also if you are a woman of substance, respect and honour in your area you are bound to mobilize the right people.” As simple as that!

One woman testified that she is unable to benefit from food aid as she is a known WOZA member but that her friends pass on food to her anyway as the demonstration WOZA members carried out in July is attributed with putting enough pressure of the government to bring food aid to their district.

The Amnesty International report, ‘Women Human Rights Defenders At Risk – Between a Rock and a Hard Place’ was tabled and acknowledged as a true reflection of the challenges faced by WOZA and MOZA members. The recommendations outlined in the report were also hailed and will be incorporated into advocacy campaigns.

The assembly closed without a police raid but a bus, which had been transporting delegates was later arrested and placed under ‘house arrest’. The owner is being made to face charges ‘of using Zanu PF fuel to transport WOZA women.’ This incident epitomizes the crisis in Zimbabwe that even business people are under pressure to be appropriated to Zanu PF.

The new leadership of WOZA/MOZA announce their commitment to continue to act, recruit and train Zimbabweans until they overcome their fear and are able to come out in peaceful protest in numbers that will force a transition and bring about a political leadership that will deliver the social justice promised during the liberation war.

Sports page:
Insiza, with Harare and Gweru in second and third place respectively, won the Sheroes netball tournament. A mixed soccer tournament was also held but the final between Bulawayo and Mutare was unable to be completed due to a ZESA black out.

Earlier this month, WOZA launched a report on political violence against its members in Johannesburg, South Africa. As a consequence of exercising their constitutional rights through nonviolent civil disobedience, WOZA women have often been the target of unprovoked assaults, and other violations by state agents seeking to silence their voices. About six months ago WOZA decided it would be worthwhile to attempt a systematic documentation of the political violence suffered by WOZA women.

Method
A partner organisation was identified to do the technical process but the questionnaire was developed with input from members who were then trained them to do the actual interviews. The results were then analysed by the technical partner.

The aim was to record the nature and extent of political violence against WOZA members; who the perpetrators were and the types of violations and injuries faced. It is a fact that many WOZA women have participated in the activities of different organisations before WOZA was formed in 2003. Hence the research did not begin with 2003 violations but predated the formation of WOZA to 2000. A section on violations pre, and post, independence was also included, in this way the women’s experiences as a whole were tracked.

The preliminary report
Data from 2,200 questionnaires completed is still being analysed. The preliminary report takes a sample of 397 interviews from members in Bulawayo and Harare and analyses only some of the sections. It gives some of the background describing the socio-economic status of WOZA members. It reports on the number of arrests they have experienced, the number and type of violations, and the perpetrators of the violations as well as injuries they have suffered.

WOZA has conducted over 100 protests on various issues of civil rights and social justice in its five-year existence and up to 3,000 women have spent time in police custody. Many have been detained more than once, most for 48 hours or more and 112 members once spent five days in police cells. These women, front-line human rights defenders, are willing to suffer beatings and unbearable conditions in custody to exercise their constitutional rights and fundamental freedoms. They continue to suffer torture and other forms of cruel, humiliating and degrading treatment.

For example:
* A high proportion (73 per cent – 291 women) has been arrested at least once. In total, the 397 women reported 615 arrests. On average each woman was arrested 1.5 times. The maximum number of arrests for those in the sample was eight but other members have recorded over 25 arrests.

* A high percentage have been assaulted in various ways – many seriously enough to seek medical attention and some have been hospitalised for various periods.

*Even higher percentages have been treated in cruel and inhuman and degrading ways by police officers who arrest them. There have been many cases of insults and death threats and several incidents of abduction.

* The Zimbabwe Republic Police (ZRP) were the most common perpetrators mentioned, with all branches of the ZRP mentioned by 52% [205 cases] of the sample.

These types of violations have become commonplace in Zimbabwe as the government seeks to prevent Zimbabweans from protesting against the continuing devastating mismanagement of the economy, extensive and malicious corruption and disregard for the welfare of the people. They have been reported on as well by other organisations including Amnesty International and the Zimbabwe Human Rights NGO Forum.

The reason WOZA hastened to release this preliminary report is that Zimbabwe’s future now hangs in the balance in the hands of the SADC-mandated mediation efforts. The road to a better future lies through a legitimate election. This can only occur if the process and the political climate in which it takes place are fully free and fair. An essential component of the climate is the absence of violence.

Already regional leaders have stated that they expect that the elections due in March next year will measure up to the SADC standards and be “free and fair”.

WOZA’s message is simple. This type of repression, the sustained, deliberate and malicious state violence perpetrated to silence free expression continues. People are not just hungry – they are afraid to get up and say they are hungry. No legitimate election can be held in this environment.

WOZA is thus challenging friends in the region – whether they are governments, NGOs or social movements – to help document violations and call for an end to violence. For as long as state-sponsored violence continues, no legitimate election can be held. We urge you not to allow the validation of an illegitimate election. Hear us loud and clear – we demand meaningful peace and respect for the civil rights of all. We demand it and we deserve it.

To read the full report, click here. Preliminary report on political violence against WOZA members

Fifteen members of Women of Zimbabwe Arise (WOZA) were arrested this afternoon in Africa Unity Square in Harare whilst waiting to check into their hotel accommodation for the People’s Convention.

The members from Bulawayo were booked into Meikles Hotel but due to processing delays, had not been able to check in and were waiting in the vicinity. Having been told to wait in Africa Unity Square by hotel security, the group was promptly approached by riot police and had their bags searched. Despite informing police that they were in Harare to attend the People’s Convention, which has police clearance, the group was arrested and taken to Harare Central Police Station. It is not clear on what grounds they were arrested.

WOZA members from all over the country are in Harare to attend the People’s Convention, the aim of which is to provide a platform for the people of Zimbabwe to discuss what they want and expect from a democratic dispensation and to provide guidelines and frameworks for all of the critical issues affecting Zimbabwe. 4,000 people are expected to attend the Convention on 8th and 9th February.

More information will be released as it becomes available.

Eleven of the 14 WOZA members arrested on 28th May 2008 were finally released from remand prison on bail on Friday evening (13th June) after 17 days in custody. Three members, including Jenni Williams and Magodonga Mahlangu, remain in custody in Chikurubi Female Prison.

Williams and Mahlangu have been denied bail because the State claims that they will organise Kenya-style violence around the election period. The third woman was detained further because the names on her identity documents were different. Her family has now produced her marriage certificate and it is hoped that her release will be secured today.

Other than suffering from colds, stomach ailments and lice, those that have been released are fine and in good spirits. All 14 are due to appear on remand in Harare Magistrate’s Court on Friday 20th June.

There is great concern at the continued detention of Williams and Mahlangu who have now been designated as ‘prisoners of conscience’ by Amnesty International. Although the defence is trying to appeal to the Supreme Court against the denial of bail, it is clear that the State is trying to keep them in custody until after the 27th June presidential run-off and perhaps much longer. As some prisoners at Chikurubi Female Prison have been on remand for several years without appearing on trial, these fears are not ungrounded.

Conditions in the prison are also not ideal. There is no running water at Chikurubi, meaning that all water has to be carried in by bucket from a near-by pond. Cells, blankets and all conditions are therefore very dirty due to the lack of adequate water. It is also extremely cold but attempts are being made to ensure that Williams and Mahlangu receive regulation jerseys, which are unavailable, hence must knitted by friends or relatives.

The State appears to be deliberately frustrating the work of the lawyers of these nonviolent human rights defenders. Most recently the office of Judge Ben Hlatshwayo who heard the appeal, is claiming that the matter cannot be further appealed to the Supreme Court because it originated in the Magistrate’s Court. Defence lawyers are currently trying to clarify what options are now available the correct legal position.

The release of the 11 members was also only secured after several suspected delaying tactics by the State. The 14 were first taken to court at 4.30 pm on Friday 30th May, several hours after the maximum 48-hour period allowed, and obviously too late for a meaningful court hearing. The group was then remanded in custody until Saturday 31st May for a bail hearing. On the 31st, Magistrate Rusinahama granted the group bail – Jenni Williams at ZWD 10 billion and the other 13 at ZWD 5 billion each – and remanded them to 6th June. The Prosecutor, Public Mpofu, immediately indicated his intention to appeal against the Magistrate’s decision and the group was further remanded in custody pending the appeal hearing.

Despite Mpofu’s assurance to the group that he was only following orders and would lodge the appeal immediately, the notice of intent to appeal was only lodged on the 5th June. The date of the appeal to the High Court was set for Tuesday 10th June. Nonetheless, the State only provided the defence with their arguments at 4pm on Monday 9th June meaning that the defence was unable to submit its replies to Judge  Hlatshwayo in time. The judge therefore postponed his ruling until Wednesday 11th June.

On the 11th, Judge Hlatshwayo dismissed the State’s appeal against 11 of the members but ordered that Williams and Mahlangu remain in custody. The State had argued that they would organise violence during the election period, and in light of the State’s zero-tolerance attitude towards pre and post-election violence (sic), they should be remanded in custody until trial.

When WOZA’s lawyer and several supporters attempted to go to Chikurubi on Wednesday afternoon to inform the group of the ruling, war veterans in a ZANU PF vehicle prevented them from entering the prison complex. The supporters were told that they would only be allowed to see the WOZA prisoners ‘when they were dead’. The war veterans then tried to force them to accompany them to the provincial ZANU PF headquarters in the city centre, a renowned torture base. Fortunately the WOZA vehicle eventually managed to evade their pursuers in the traffic, after a prolonged chase.

Shaken by their ordeal, the WOZA supporters tried to pay bail on Thursday morning only to be informed that the rules had changed that very day and now it was necessary to obtain a bail form from the prison authorities before being able to pay bail at the Magistrate’s Court.  Upon requesting the bail forms at Harare Remand Prison and Chikurubi Female Prison, the officers-in-charge at both prisons insisted that they could not understand the High Court document ordering the release of the 11 prisoners. The officer-in-charge at Chikurubi insisted that the High Court produce different documents that she could understand.

Having finally obtained the different High Court documents and bail forms from the two prisons, when the WOZA supporters tried to pay bail on Friday afternoon, they were informed that the WOZA file had been locked away. It was only with great difficulty that the bail could be paid for 11 of the WOZA group. As mentioned previously, bail could not be paid for the 12th member as she uses her maiden name but the passport she was forced to surrender is in her married name.

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.

Jenni Williams and Magodonga Mahlangu spent their third weekend in Mlondolozi Prison as still no word has been received from the High Court regarding their appeal. Although the urgent application was filed on Monday 27th October, the defence team is still waiting to hear which High Court judge will decide on the matter and whether he will insist on a hearing or not.

In the meantime there is increasing concern for their well-being. Prison guards at Mlondolozi are becoming increasingly hostile. They were threatening and abusive to the team taking food to them on Thursday last week and are now saying that the support team can only visit them once every two weeks (having told them that they could see Jenni and Magodonga once a day on week days). Food is still allowed in but they are not allowed to receive visits. Apparently the reason is that prison authorities are unhappy that Jenni and Magodonga are filing complaints about the way that they are being treated by the prison guards and are seeking to punish them.

WOZA calls for the immediate release of Jenni and Magodonga and continues to ask all friends in the region and internationally to continue to put pressure on Zimbabwean authorities to end this harassment of women who are only guilty of loving their families and their country.

Useful telephone numbers:

Regional Prisons Headquarters (Bulawayo): +263 9 71458/71468Mlondolozi Prison: +263 9 64228

Bulawayo Attorney General’s Office: +263 9 77651/61603

Harare Attorney General’s Office: +263 4 781769/774586

Bulawayo Public Prosecutor: + 263 9 63173

Bulawayo High Court: +263 9 60326

The two members that were arrested yesterday at Mpumelelo Primary School in Mpopoma have been released. They were taken to court this morning but the prosecutor dismissed the case against them.

Meanwhile, members visited another seven schools in Bulawayo, bringing the total to 23 schools visited in the past few days.

At Ingwengwe and Babamberi Primary Schools in Pumula, the authorities welcomed the representatives and encouraged parents with grievances to continue to engage the school through parents meetings. Both headmasters promised to look into the complaints. At Amhlophe Secondary School, also in Pumula, the authorities were unavailable to engage the representatives but the Teacher In Charge took the protests and flyers and emphasized that no pupils were being sent home for failure to pay fees.

At Mtshede Primary School in Njube and Sikhulile High School in Lobengula, members were again welcomed by both authorities who empathised with the parents and promised to look into the issues raised. This was repeated at Lotshe Primary School in Makokoba and Sobukhazi High School in Mzilikazi. Mr. Hlabangene of Lotshe Primary School even went outside to address the other members who were waiting outside the gate. He said the community need to be involved in the development of the school. A sentiment repeated by the headmaster at Sobukhazi who encouraged parents to engage with school authorities about any concerns they may have and not to keep quiet about ideas on ideas of developing the school.

WOZA would like to commend all the school authorities who took the time to listen to the concerns raised by parents at their schools. We hope that they will investigate the complaints made and respond positively. Meanwhile, we continue to urge all parents to engage with schools about any concerns they may have and to speak out about issues affecting their children.

Following peaceful protests in Bulawayo yesterday, hundreds of members of Women and Men of Zimbabwe Arise (WOZA/MOZA) marched through the streets of Harare today to mark International Refugee Day. 700 members were expected to have taken part. Six simultaneous protests began at 12pm under the theme – real people, real needs. As in Bulawayo, the protests were violently dispersed by police who beat protestors with baton sticks.

It is unclear at this stage how many members have been arrested but we are deeply concerned for the welfare of two members, Maria Majoni and Clara Manjengwa, who were seen to be arrested and brutally beaten by police. Clara was followed by a police vehicle after the protests had dispersed and arrested. Four police officers threw her into the back of the vehicle and began to jump on her with their booted feet and beat her with their baton sticks. When she began to scream in pain, the driver and passenger in the front seat got out the vehicle and joined their colleagues in jumping up and down on Clara. Maria Majoni was also brutally beaten with baton sticks at one of the starting points before being arrested.  It is unclear where either woman has been taken. A journalist who was recording the beating of Maria Majoni was also arrested.

Three of the six simultaneous protests were immediately stopped by police who had been patrolling the streets of central Harare. Those that had gathered were beaten with baton sticks and dispersed. Riot police intercepted the fourth protest outside the offices of The Herald, violently beating the peaceful protestors. As the last two protests were nearing their target, Parliament, riot police again descended and began to brutally beat the group. The demonstrators were followed by police as they dispersed who continued to beat them as they moved away.

As they beat the peaceful protestors, police told them “you wanted lower rates, here are the lower rates you wanted” before hitting them with their baton sticks.

Meanwhile seven of the eight activists arrested yesterday in Bulawayo remain in police custody. Lawyers secured the release of one of the group as he is on antiretroviral medication. All eight are expected to appear in court tomorrow facing charges of disturbing the peace.

More details will be given as they become available.