Human Rights of Women – Human Rights for All:
Universal Declaration for Human Rights 60 years after.
Zimbabweans – Stand up for the TRUTH and it will set you free of this regime.

WOZA members are commemorating the 16 Days of Activism and the 60th anniversary of the Universal Declaration of Human Rights. The truth is that there is nothing to celebrate, human rights abuses are on the increase and Zimbabweans are dying day by day. Politicians who call themselves the government do not show that they care. As WOZA members expose what is happening, they are beaten and put in jail. Their only crime is peaceful protests that tell the truth about the plight of Zimbabweans.

What we think about the political agreement, ministerial portfolios.
Zimbabwe is now a “complex emergency”, a failed state, without a functioning government and with the destruction of the economy, the infrastructure, and social capital. This requires an immediate political solution and we call on the international community, and in particular the Southern African Development Community (SADC) and the African Union (AU), to act in defense of the ordinary citizens of Zimbabwe.

In the meanwhile we call on all Zimbabweans to refuse to recognise or legitimise in any way any and all ‘government officials’, we should cease to use the word government but refer to them as ‘Zanu PF, the illegitimate ruling party’.

About the political agreement – it remains not worth the paper it was written on until it is genuinely implemented. Even if implemented Zanu PF’s behaviour indicates that they are not serious about sharing power. It has been WOZA’s long-term position that we require a transitional authority whose mandate should include dealing with the humanitarian crisis as an urgent priority, as all politicians can no longer be trusted to deal with this catastrophe.

Should there be some form of ‘unity’ government we will not accept Zanu PF holding the posts of home affairs, justice or women’s affairs. Our experiences as activists put us on the sharp edge of these posts and we therefore know how the destructive and violent Zanu PF policies filter down the structures of these ministries onto the baton stick that beats us until it draws blood or into the minds of police and prison officers that jail us while Women’s Affairs officials remain silent. They are even silent about the abduction of Jestina Mukoko, Director of Zimbabwe Peace Project.

We note the thread of gender equality running through the power sharing deal and applaud the effort made by the mostly male negotiators. Yet as we recently declared in the streets of Bulawayo, actions speak louder than words. WOZA therefore encourages the selecting of a gender equal cabinet, as we will not be silenced by empty promises.

16 Days of Activism against Gender Violence Theme: Human Rights of Women – Human Rights for All: Universal Declaration for Human Rights 60 years after. WOZA has also adopted the theme. However WOZA members have boycotted any events organised or conducted by any current official from Zanu PF so called Ministry of Women’s Affairs, Gender and Community Development in line with our view on current governance. We conduct non-violent protests all year round to demand our rights and will continue but Zimbabweans the time has come for you to join us as we demonstrate.

Zimbabweans you are not demonstrating enough – you spend days queuing and only complain to one another without acting. It is heartbreaking for a hardened WOZA activist to watch people in the queues day after day, watching the shoulders in front of them and not thinking of doing something to change their situation. We see that in Thailand, eight days of nonviolent determined action by a unified mass of people resulted in the removal of their Prime Minister. He was banned from politics by the court after he was found guilty of buying votes. Why can’t Zimbabweans learn a lesson from Thailand and act together to stop the mismanagement of our country.

As mothers of the nation, we therefore wish to tell Zimbabweans that if they do not ACT to DEMAND their rights, their children will judge them as cowards. Even a frog can decide to jump out of sewerage pond because it stinks. Do something but do it non-violently. Join ZCTU, join NCA and join our demos to change our plight.

The Universal Declaration for Human Rights came into being because of the work of a woman – Eleanor Roosevelt who is called the “First Lady of the World”. She was chairman of the Human Rights Commission during the drafting of this document. It was adopted by the General Assembly on December 10, 1948. The real challenge, she liked to tell United Nations delegates in later years, was one of ”actually living and working in our countries for freedom and justice for each human being.” She also said, “People have a right to demand that their government will not allow them to starve”. We need to study the example of Eleanor and demand that human rights are respected in Zimbabwe. But our rights will not just be given to us we have to demand them.

Excerpts from The Universal Declaration of Human Rights- 60 years old

PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3. Everyone has the right to life, liberty and security of person.

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 9. No one shall be subjected to arbitrary arrest, detention or exile.

Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20. (1) Everyone has the right to freedom of peaceful assembly and association.

Article 21. (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work.

Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26. (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

Zimbabweans – Stand up for the TRUTH and it will set you free of this regime

APPROXIMATELY 400 members of WOZA held a peaceful demonstration in the streets of Harare today calling for the immediate intervention of the international community to address the humanitarian crisis in Zimbabwe. The peaceful protesters marched to the offices of the United Nations Development Programme (UNDP) to hand over a petition declaring the so-called government of ZANU PF incapable of dealing with the crisis and demanding that the United Nations step in immediately to resolve the crisis in order to protect the people of Zimbabwe. No arrests have been reported at the time of this release.

The protest also marks the 16 Days of Activism Against Gender Violence and the 60th anniversary of the United Nations Declaration on Human Rights, which was released on 10 December 1948.

As they marched, the peaceful protesters sang a Shona song that decries the hunger facing all Zimbabweans and handed out fliers and copies of the Declaration on Human Rights, which bystanders rushed to receive. Some comments overheard from Zimbabweans reading the flyer were, ‘these women have a very good point. They are speaking the truth.’ Upon arriving at the UNDP offices, a representative attempted to enter the offices to hand over the petition, when the doors were closed. Two representatives from the UNDP came out to receive the petition however.

The group then dispersed before police arrived. A vehicle of riot police and a water cannon were seen to respond to the scene after all protesters had dispersed.

The protest started at the point where 14 members were arrested on 28 May 2008. They were denied bail and imprisoned for 6 weeks but on this occasion have walked home free.

Bulawayo Province CHARGE SHEET – Bulawayo Central 311/10/08
1. JENNIFER WILLIAMS 46 YEARS
2. MAGODONGA MAHLANGU 36 YEARS

C/S 37 (1) (a) (i) of the Criminal Law Codification and Reform Act Chapter 9:23
“Acting together with one or more other persons with him/her in any place realizing that there is a real risk or possibility of disturbing peace, security or order of the public”

In that on the 16th day of October, 2008, the accused persons MAGODONGA MAHLANGU and JENNIFER WILLIAMS one or more of them unlawfully and acting together with one or more other persons with them gathered at Mhlanhlandlela government complex singing, chanting slogans and carrying placards realizing that there is a real risk or possibility of disturbing peace, security and order of the public.

STATE OUTLINE
Bulawayo Central 311/10/08
C/S 37 (I) (a) (i) of the Criminal Law Codifaction and Reform Act Chapter 9:23

16/10/06 – 1115HRS – MHLANHLANDLELA COMPLEX, BYO
JENNIFER WILLIAMS 46 years and MAGODONGA MAHLANGU 36 years

THE STATE
The accused persons in this matter is Jennifer Williams and Magodonga Mahlangu who belong to a certain organization called “Women of Zimbabwe Arise” (WOZA).

The complainant in this matter is the state.
On the 16th day of October, 2008 and at around 1115hrs, the two aforesaid accused persons led a group of about 300 women and proceeded to Mhlanhlandlela complex singing, chanting slogans and carrying placards with various messages. Some of the placards were written ‘ideal lenu selibulele ilizwe, umangoye uselala eziko; sifuna amatisha esikolo”. (Translation: Your deal has destroyed the country/ the cat is using the stove as its bed (implying there is no cooking)/ We want teachers in the school)

When this group arrived at Mhlanhlandlela, they were addressed by Jennifer Williams and Magodonga Mahlangu. The group was then ordered to disperse by police but the two above accused persons refused to comply to the orders leading to their arrest.

The accused persons had no right whatsoever to act in the manner they did.

WITNESS STATEMENT

BULAWAYO CENTRAL IR: 11129/08
STATEMENT

SIBANDA F. 064876R
RES: ZRP ROSS CAMP
WITNESS QUARTERS
BULAWAYO

1. I am a male adult aged 23 years serving in the Zimbabwe Republic Police stationed at Nkulumane Police station but currently attached to Bulawayo Provincial Reaction Group.
2. On the 16th October 2008 at about 1130hrs, I was at PRG base together with my collegues when I was summoned by OIC Byo Central to proceed at Mhlanhlandlela Complex where an unlawful demonstration was taking place.
3. On arrival I found a group of about 300 women some sitting down and some standing holding placards being addressed by Jennifer Williams and Magodonga Mahlangu.
4. The gathering was ordered to disperse by OIC Central and some complied but Jennifer Williams and Magodonga Mahlangu refused to disperse and they were arrested.
5. The placards had different messages written in Ndebele some had the following message:
a. Ideal lenu seli

Jenni Williams and Magodonga Mahlangu, leaders of WOZA, appeared in Bulawayo Magistrate’s Court this morning before a packed courtroom. They were on trial for charges relating to the combined cases of the 16 October 2008 case and a 19 June 2004 arrest. The state, represented by Mr. Shawarira, was not ready for trial however and so Magistrate Msipa postponed the trial until 22 January 2009. All bail and reporting conditions were removed after an application for relaxation by the defence.

Williams and Mahlangu were arrested on 16th October at Mhlahlandlela Government Complex. They were part of a group of 200 demanding that the humanitarian crisis in the country be de-politicised and declared a national disaster. They were denied bail by Magistrate Charity Maphosa and detained in Mlondolozi Prison for three weeks before being granted bail through an appeal to the High Court. They were placed on strict bail conditions, which included reporting to police twice a week and not being allowed to travel outside a 40 kilometer radius of Bulawayo without written permission from a magistrate.

The pair had been with C/S 37 (1) (a) (i) of the Criminal Law Codification and Reform Act Chapter 9:23: “any person who acts together with one or more other persons present with him or her in any place or at any meeting with the intention or realising that there is a real risk or possibility of forcibly disturbing the peace, security or order of the public …”

On Friday 28th, the State summonsed Magodonga Mahlangu for a arrest in 2004 under c/s 7(c) of the Miscellaneous Offences Act chapter 9:15 – “acting in a manner which is likely to lead to a breach of the peace or to create a nuisance or obstruction”. Jenni Williams did not actually receive the summons although her name is reflected in the summons given to Mahlangu.

Both cases were combined into one trial.None of the state witnesses were present in the courtroom for the 2008 matter. Only one of the state witnesses for the 2004 matter was present.

Jenni Williams and Magodonga Mahlangu look forward to travelling outside of a 40 kilometre radius of Bulawayo and thank all friends who offered their solidarity.

Women of Zimbabwe Arise (WOZA) has been awarded the 5th Human Rights Award by Amnesty International German Section. The award was presented at an award ceremony at the ‘Berliner Ensemble’, a well-known theatre in the centre of Berlin on Sunday 16th November. WOZA leaders, Jenni Williams and Magodonga Mahlangu, received the award on behalf of the organisation.

Williams and Mahlangu, who were released on bail from Mlondolozi Prison on Thursday 6 November, won an application from Bulawayo Magistrate’s Court to be allowed to travel to Germany to receive the award.

The pair had been released on bail with strict reporting conditions. They had to report to their nearest police station twice a week and were not permitted to travel outside of a 40 kilometre radius of Bulawayo Post Office without the written permission of a magistrate.

Williams and Mahlangu appeared in Bulawayo Magistrate’s Court on Monday 11th November for a routine remand hearing where they requested permission to travel to Germany. Magistrate Maphosa requested however that the application be made in open court on Tuesday 12th. After several delays, the state decided not to oppose the travel application and reporting conditions were temporarily suspended until November 26th to allow the activists to travel to Germany. Upon their return they will resume reporting and remain within a 40 kilometre radius of Bulawayo until their trial which is scheduled for 2nd December 2008.

The German section of Amnesty International assigns the Human Rights Award every two years to people that defend and fight for human rights, especially under harsh circumstances.The award statue was designed by the internationally known sculptor Tony Cragg.

In the past, the prize was given to Turkish advocate Eren Keskin (2001), a human rights defender from Russia, Swetlana Gannuschkina (2003) and Monira Rahman from Bangladesh (2006).

Jenni Williams and Magodonga Mahlangu have been granted bail by Justice Ndou in the Bulawayo High Court this afternoon. The two were instructed to pay bail of $200,000 each (roughly USD 1.50). Other conditions include reporting to their closest police station twice a week and not travelling outside of a 40km radius of Bulawayo Post Office without written permission from a Magistrate.

In a hearing at which the two were not present, Justice Ndou ruled that the reasons Magistrate Charity Maphosa gave for denying bail were not sufficient.

Attempts to release the two were frustrated by administrative errors that meant the re-typing (twice) of their release documents. These delays meant that it was not possible to secure the release of the two this evening, although the support team did travel to Mlondolozi to try. The team will return to the prison first thing in the morning to collect them.

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

Magistrate Charity Maphosa, who was due to rule on the bail application of WOZA leaders, Jenni Williams and Magodonga Mahlangu, today at 11.15am, was ‘forced’ to attend a workshop instead, delaying her judgement until Monday 27th October.

Williams and Mahlangu remain in Mlondolozi Female Prison where conditions are terrible. Cells are overcrowded and full of lice, food is extremely limited. Prisoners receive only a small amount of sadza (maize) with green vegetable cooked in water – no salt or any other form of nutrition. The lack of salt is particularly worrying given the extreme heat being experienced at the moment. Prison guards also routinely insult inmates.

As expected they were not in court as prison authorities had no transport to bring them to court. As on Tuesday however, the courtroom was full of state agents and WOZA members who had walked to town (some for up to 15km) to provide solidarity to Williams and Mahlangu.

On arriving at court, the defence lawyer, Kossam Ncube, was informed that Magistrate Maphosa was not available and that another magistrate would deliver her verdict. Instead Magistrate Sophie Matimba delayed the ruling until Monday at 11.15am.

Williams and Mahlangu were arrested over a week ago. Bail applications are usually heard on an urgent basis.

It is clear that the state aims to continue its harassment of these women human rights defenders; the actions of a regime so terrified of its own people that it has to imprison them.

SADC is meeting in Harare on Monday to discuss Zimbabwe’s future whilst human rights defenders languish in prison for calling for food aid. WOZA continues to urge its friends in the region and internationally to condemn this persecution of women who are simply determined to provide a better future for themselves and their children. Justice delayed is justice denied.

Useful telephone numbers:

Bulawayo Central Police Station: +263 9 72515/61706/63061/68078

Mlondolozi 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

Magistrate Maphosa has reserved judgement on the request for bail for Jenni Williams and Magodonga Mahlangu until Friday 24th October as the “court is very busy”. Bail hearings are normally heard on an urgent basis. Williams and Mahlangu will therefore remain in Mlondolozi Female Prison until that date.

The bail hearing was heard in the absence of Williams and Mahlangu who had not been brought from Mlondolozi as prison authorities claimed that they had no fuel. This being despite the fact that the WOZA support team had been informed yesterday by one of the prison guards at Mlondolozi that they did currently have fuel. Two prison vehicles were also observed by the WOZA support team travelling at great speed into Bulawayo on Sunday afternoon.

The defence lawyer, Kossam Ncube, had also been given permission yesterday by a senior prison officer at Mlondolozi, Mathanire, to bring Williams and Mahlangu to court in his own vehicle if transport was not available. Upon arrival at Mlondolozi this morning however, Ncube was informed that it would not be possible after all by Superintendant Dlamini.

The hearing finally went ahead in their absence before Magistrate Maphosa. Prosecutor Chifamba called another state witness, Detective Sergeant Ncube from the Law and Order Section of Bulawayo Central Police Station to testify.

Ncube claimed he believed that bail should be denied because of pending cases against them, citing four different cases dating back to 2004. None of these cases are actually pending but the witness tried to claim this was because Williams and Mahlangu could never be found to be presented with their summons! On cross-examination however, he could not deny that the two accused had actually appeared in court for all of these cases. Following the cross-examination of the state witness by the defence, the court adjourned for lunch.

After lunch the magistrate heard the arguments of the two attorneys. The state had three main arguments: propensity, that the accused were of no fixed abode and that they had cases pending against them. Chifamba argued that the four cases mentioned by the state witness showed that the two accused had committed similar offences on several occasions and were likely to do so again. He claimed that the court should ignore the fact that these were not serious crimes. He also claimed that because the state witness had testified that he had tried on several occasions to locate the two at their homes, and they were not there at the time, obviously they did not live there. His third argument was that the case relating to a July 2007 arrest that is currently before the Supreme Court is pending and therefore Williams and Mahlangu wilfully lied to the court when asked if they had any cases pending against them.

In reponse, Kossam Ncube cited a 1922 judgement (States vs Shaw) that ruled that when arguing propensity, only convictions should be considered, not mere charges. He also cited a 1973 South African case (State vs Fourie) that ruled that with regard to propensity, only violent crimes should be considered. He went on to argue that neither Williams nor Mahlangu have ever been convicted of any crime.

With regard to the accusation of the two having no fixed abode, Ncube argued that there is no legal requirement for persons to remain at their given address 24 hours a day on the off chance that police may come looking for them. Just because Jenni Williams was not at home when police came looking for her last year does not mean that she does not live at the address that she has given. He also raised questions about the admissibility of police notes that the state had entered as evidence that police could not find Williams at her given address. The notes merely stated that summons could not be served, not the reasons why. The police officer who had made the notes was also not present in court. Ncube asserted that Jenni Williams and Magodonga Mahlangu had never defaulted on a court appearance and therefore did not constitute a risk, a fact that the state witnessed concurred with.

Ncube went on to argue that in fact none of the cases mentioned by the state are in fact pending as they had been removed off remand in all four cases. Williams and Mahlangu did not therefore mislead the court when they stated that they had no pending cases against them.

He also reminded the court that the alleged wrongdoing was not a very serious one and that to deny bail for an offence that carries the sentence of a fine would be prejudicial to the two accused.

Following the argument, Magistrate Maphosa pronounced that she would reserve her judgement until Friday 24th October at 11.15pm. Attempts by the defence to bring the ruling forward were rebuffed with the claims that ‘the court is very busy.’

The on-going detention of Jenni Williams and Magodonga Mahlangu and the delaying tactics and machinations of the state are a clear violation of their rights and the power-sharing agreement signed by the political parties in September 2008. It is further evidence that ZANU PF has no desire to act in good faith.

WOZA therefore calls on all friends in the region and internationally to protest the ongoing detention of Williams and Mahlangu, particularly ahead of the SADC meeting on Zimbabwe next week.

Useful telephone numbers:

Bulawayo Central Police Station: +263 9 72515/61706/63061/68078

Mlondolozi 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

WOZA leaders Jenni Williams and Magodonga Mahlangu were remanded in custody until Tuesday 21st October this morning in Bulawayo Magistrate’s Court. The pair had been arrested yesterday morning after a peaceful demonstration. They have been charged under Section 37 1(a) of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

Williams and Mahlangu appeared in court this morning at 11.15am. On arrival at court, the state prosecutor had agreed with the defence lawyer, Kossam Ncube, that the state would not oppose bail and the amount and conditions were settled. On entering the court room however, Ncube was informed that a new prosecutor, Chifamba, was taking over the case.

Chifamba argued that the two should be denied bail because there was still an outstanding case pending, referring to the May 28 arrest. As the group of 14 had been removed off remand in Harare Magistrate’s Court on Wednesday 15th, this matter is no longer pending. The Magistrate, Maphosa, allowed the state time to verify this fact however, remanding the two in custody until Tuesday 21st October.

It is clear from these actions that the state is determined to deny the two bail, a clear violation of the spirit of the power-sharing agreement signed by the political parties on 15th September.

After spending one night at Bulawayo Remand Prison, Williams and Mahlangu will be moved to Mlondolozi Female Prison tomorrow.

Although disappointed by the ruling, the two are determined to remain positive, even though Mahlangu is in pain from the beating she received outside Mhlalandlela. Apparently it was Chief Inspector Mabhari himself who beat her.

The Investigating Officer of the case is Detective Sergeant Kennedy Nyahuye from the Law and Order Section of Bulawayo Central Police Station.

Useful telephone numbers:
Bulawayo Central Police Station: +263 9 72515/61706/63061/68078

Mlondolozi Prison: +263 9 64228

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

Bulawayo Public Prosecutor: + 263 9 63173