A/HRC/44/50/Add.2
43.
The Special Rapporteur wishes to emphasize that assemblies should not be feared
and repressed but rather they should be encouraged for there is a value in expressing
disagreement and differences peacefully and publicly, particularly in light of the current
political and socioeconomic situation, as there is no better “release valve” for people than
the right to assemble freely.
2.
The events of August 2018 and January 2019
44.
In the aftermath of the presidential election, on 1 August 2018, political opposition
party supporters took to the streets of Harare and gathered outside the offices of the
Electoral Commission to demand the immediate release of the results of the election.
Although the demonstrations started in a spontaneous and peaceful manner, given the delay
in announcing the results, the situation turned riotous with property, such as cars and
private businesses, destroyed. The police, and later the national army, deployed to control
the chaotic situation used excessive force, which resulted in the deaths of six persons.
45.
The Commission of Inquiry (Motlanthe Commission) appointed by President
Mnangagwa to investigate those events concluded that six persons had been killed, several
injured and extensive damage and destruction of property caused.13
46.
Regarding the use of force, the Commission concluded that “the use of live
ammunition directed at people especially when they were fleeing was clearly unjustified
and disproportionate”14 and it added that “[t]he use of sjamboks, baton sticks and rifle butts
to assault members of the public indiscriminately was also disproportionate”.15
47.
In its final report, the Commission presented recommendations, such as measures
aimed at: compensation for the losses and damage caused, including support and school
fees for the children of the deceased; promotion of political tolerance, as well as responsible
and accountable leadership and citizenry; adoption of electoral reforms aimed at enhancing
transparent and expeditious election results; building the capacity of law enforcement
authorities; holding the alleged perpetrators accountable; and nation-building and
reconciliation, including an initiative for multi-party dialogue and cooperation.
48.
The Government informed the Special Rapporteur that legislative and administrative
measures were being undertaken to ensure that the Commission’s recommendations were
implemented and that, in March 2019, an inter-ministerial task force was established to lead
political, electoral and legislative reforms.
49.
While the Special Rapporteur welcomes the report of the Commission, he wishes to
stress that its significance lays in the implementation of its recommendations, particularly
in relation to the management of assemblies, holding perpetrators accountable and ensuring
justice for the victims and their families.
50.
In January 2019, following the Government’s announcement of a 150 per cent
increase in fuel prices, the Zimbabwe Congress of Trade Unions, the largest labour
organization, together with other civil society organizations, called for a national stay-away
from 14 to 16 January 2019 to protest against the harsh measures taken in an already
difficult economic situation.
51.
Although in some cities the call by the Congress was followed, demonstrations
erupted in the country and the situation quickly deteriorated, becoming riotous, particularly
in the high-density neighbourhoods of Harare and other main cities, where people gathered
to enforce the stay-away by barricading roads using boulders, rocks and vehicles. Around
the country, people burned tyres and went on a violent and chaotic rampage through the
streets of some cities, where businesses, service stations and police posts were attacked and
burned.
13
14
15
8
Report of the Commission of Inquiry into the 1st of August 2018 Post-Election Violence. Available at:
www.postelectionviolencecommission.gov.zw/wp-content/uploads/2018/12/Final%20Report%20
of%20the%20Commission%20of%20Inquiry%2018%20%20DEC%2018.pdf.
Ibid., p. 47, para. 6.4 (b).
Ibid., para. (c).
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