Zimbabwe Lawyers for Human Rights (ZLHR) wishes to express its concern and condemn the action taken by immigration authorities in barring Movement for Democratic Change (MDC) leader, Morgan Tsvangirai, and other office bearers (including Secretary-General Tendai Biti) from traveling to South Africa, as well as the subsequent confiscation of their travel documents. They were stopped and their travel documents were allegedly seized at the Harare International Airport on 14 August 2008 as they attempted to board a flight to Johannesburg.
The MDC leader and other officials intended to travel to South Africa to attend the weekend summit of the Southern African Development Community (SADC) where South African President Thabo Mbeki, who is also the SADC appointed facilitator in the negotiations between Tsvangirai, Arthur Mutambara and Robert Mugabe, is expected to report to the SADC Heads of State on progress in the consultations.
This information comes as no surprise, in light of previous harassment of both Tsvangirai and Biti by airport authorities.
Whilst reports have now been received that the travel documents have been returned to their owners, ZLHR is at loss as to the legal basis used by the police to confiscate the MDC leaders’ travel documents and deny them the right to travel freely outside the country.
The restriction of the MDC leaders’ right to movement is unlawful as they have not committed any known offence warranting such action by the state agents. Such conduct is a clear violation of the MDC leaders’ fundamental right to freedom of movement as guaranteed in the Constitution of Zimbabwe, the African Charter on Human and Peoples’ Rights and other international conventions to which Zimbabwe is a State Party. Further, a denial of freedom of movement also impacts negatively on the related freedoms of expression, assembly and association. It clearly demonstrates that the government has not relented in its crackdown on the activities of legitimate opposition political players.
The action is also in breach of Section 4 (b) (v) of the Memorandum of Understanding recently signed by the principals of the three political parties, which guarantees free political activity.
It is such irrational conduct against Tsvangirai and Biti, the party’s chief negotiator in the crisis talks, which call into question the sincerity and commitment of President Robert Mugabe and his party to allow for legitimate political activities which can contribute to a speedy and positive resolution of the country’s agonizing socio-economic and political crisis.
The crackdown against the MDC leaders at this moment in time will be perceived by any reasonable person as a punitive measure meant to deny them the opportunity to associate with regional leaders and opinion-makers in efforts to provide meaningful contributions at various platforms around the SADC Summit.
ZLHR calls upon the authorities to immediately cease such harassment of members of the political opposition and to allow for free movement of human rights defenders if they are sincere in opening up democratic space in Zimbabwe and allowing free political and civic participation as a means of contributing to the resolution of the crisis in our country.
The MDC leader and other officials intended to travel to South Africa to attend the weekend summit of the Southern African Development Community (SADC) where South African President Thabo Mbeki, who is also the SADC appointed facilitator in the negotiations between Tsvangirai, Arthur Mutambara and Robert Mugabe, is expected to report to the SADC Heads of State on progress in the consultations.
This information comes as no surprise, in light of previous harassment of both Tsvangirai and Biti by airport authorities.
Whilst reports have now been received that the travel documents have been returned to their owners, ZLHR is at loss as to the legal basis used by the police to confiscate the MDC leaders’ travel documents and deny them the right to travel freely outside the country.
The restriction of the MDC leaders’ right to movement is unlawful as they have not committed any known offence warranting such action by the state agents. Such conduct is a clear violation of the MDC leaders’ fundamental right to freedom of movement as guaranteed in the Constitution of Zimbabwe, the African Charter on Human and Peoples’ Rights and other international conventions to which Zimbabwe is a State Party. Further, a denial of freedom of movement also impacts negatively on the related freedoms of expression, assembly and association. It clearly demonstrates that the government has not relented in its crackdown on the activities of legitimate opposition political players.
The action is also in breach of Section 4 (b) (v) of the Memorandum of Understanding recently signed by the principals of the three political parties, which guarantees free political activity.
It is such irrational conduct against Tsvangirai and Biti, the party’s chief negotiator in the crisis talks, which call into question the sincerity and commitment of President Robert Mugabe and his party to allow for legitimate political activities which can contribute to a speedy and positive resolution of the country’s agonizing socio-economic and political crisis.
The crackdown against the MDC leaders at this moment in time will be perceived by any reasonable person as a punitive measure meant to deny them the opportunity to associate with regional leaders and opinion-makers in efforts to provide meaningful contributions at various platforms around the SADC Summit.
ZLHR calls upon the authorities to immediately cease such harassment of members of the political opposition and to allow for free movement of human rights defenders if they are sincere in opening up democratic space in Zimbabwe and allowing free political and civic participation as a means of contributing to the resolution of the crisis in our country.
-ENDS –