Posts Tagged ‘Jestina Mukoko’

Human Rights Day 2018 – anthology part II

December 11, 2018

Yesterday I published a small selection of events related to International Human Rights Day [https://humanrightsdefenders.blog/2018/12/10/human-rights-day-2018-just-an-anthology/] but things keep coming in so here is the follow-up with another 10 items:

  1. in the UN family: ReliefWeb published an overview of how the UN family has been making sure that this year’s Human Rights Day succeeds in raising awareness of the principles enshrined in the document, which are as important and relevant today, as they were in 1948. It refers to SG António Guterres and UN High Commissioner Michelle Bachelet in Marrakesh for global migration pact on Monday…..

Threats to human rights were also being highlighted at UN headquarters in New York on Monday, where charities, non-governmental organizations and members of civil society were joined by Andrew Gilmour, UN Assistant Secretary-General for Human Rights, for a discussion about the ways that modern challenges, unforeseen 70 years ago, are impacting rights. The talk covered digital technologies, which have led to many benefits, but also brought about new risks which could replicate, and even exacerbate existing threats to human rights; and climate change, which risks making much of the planet uninhabitable.

Defending human rights in conflict zones:

..In Afghanistan, the UN Assistance Mission (UNAMA) renewed its call for human rights and fundamental freedoms to be respected in the country, welcoming breakthroughs such as the work of the Afghanistan Independent Human Rights Commission, new laws empowering the media, a new Penal Code reflecting the country’s commitment to promote fundamental freedoms, and the presence of women in civil service positions and in the private sector. Meanwhile, in South Sudan, commuters in the capital, Juba, got the chance to see their military in a different light on Monday: as athletes. Hundreds of military personnel – as well as police and prison officers, fire-fighters and members of the wildlife services – took part in a 10-kilometre race around the streets of the capital, organized by the United Nations Mission in South Sudan (UNMISS), to promote awareness of human rights and the need for peace in the conflict-affected country. Speaking on Monday, David Shearer, Special Representative of the Secretary-General and Head of UNMISS, said that “the only way that South Sudan is going to recover is by having peace and respect for human rights. If respect for human rights is there, then there is peace. If there is peace, it involves respect for human rights and people’s ethnicity and political persuasion. The two things go hand in hand.

 

2. The Phnom Penh Post of 10 December () reports that the Cambodian authorities used the occasion to a ban march for Human Rights Day

Phnom Penh authorities have banned a planned march as local NGOs and workers’ unions gear up to celebrate the 70th anniversary of the signing of the Universal Declaration of Human Rights on Monday, with a youth group leader saying they would march nonetheless….In a letter issued on Saturday, Mean Chanyada, Phnom Penh’s deputy governor, said the NGOs concerned had been told that they could celebrate the anniversary at Freedom Park but marching was prohibited. “If [you] gather at a location outside the permitted area and continue to march on the street, which would affect security, safety and public order, the representatives will face the law,” Chanyada said. Sar Mory, the deputy chief of the Cambodian Youth Network (CYN) said on Sunday that he was concerned that important messages would not reach the public if they were to celebrate the anniversary without marching. “The reason we want to march is that we want to get our messages heard, ……

 

3. The winners of the “Kids for Human Rights” international drawing competition were announced on 10 December 2018. Nine young, creative artists from Australia, Bangladesh, Bolivia, Canada, Iran, Portugal, Thailand and the United States have won the top prizes in the “Kids for Human Rights” international drawing competition, launched earlier this year by the United Nations and the Gabarron Foundation. The call generated more than 17,000 entries. The full list winners is available hereThe international jury was presided by internationally known Spanish artist Cristóbal Gabarrón and included Hani Abbas, a Syrian-Palestinian cartoonist who won the 2014 Editorial Cartoon International Prize awarded by Cartooning for Peace, Kate Gilmore, United Nations Deputy High Commissioner for Human Rights, Susanna Griso, Spanish journalist and television presenter, Jenna Ortega, a young American actress, Tomas Paredes, President of the Spanish chapter of the International Association of Art Critics, and Jayathma Wickramanayake, the United Nations Secretary-General’s Special Envoy on Youth.

 

4. The International Policy Digest used the occasion to draw attention to another international document that celebrates its 70th anniversary: the Genocide Convention which was signed into life a day before the UDHR, 9 December.,, It was the Polish-Jewish lawyer, Raphael Lemkin, who advocated for an international law for the crime of genocide. Before 1944, there was no law. However, in the wake of the Holocaust, the United Nations General Assembly adopted Resolution 260 (III) A on December 9, 1948 outlawing genocide. On January 12, 1951, the Convention came into force. …The UN’s High Commissioner for Human Rights, Michelle Bachelet, has argued that genocide continues to remain a “threat and reality.” She urged nations to act based on the “warning signs” often preceding genocide. She added that the crime of genocide is as real today as it was at the time of its signing. There are still 45 UN Member States who yet to ratify or agree to the Convention...

 

5. In Zimbabwe, a prominent human rights defender reminded Zimbabwean President Emmerson Mnangagwa that he had termed the abduction of journalist activist Itai Dzamara “barbaric” and called on him to follow his words with actions to prevent and punish rights abuses. [Dzamara has been missing since March 2015].  Zimbabwe Peace Project director Jestina Mukoko said: “With all due respect, I call upon the President to return to the words and show that it is barbaric. Such things are not expected from civilised people, inflicting pain on another person and the constitution clearly states that.”….Lawyer Jeremiah Bhamu, who has represented many abduction victims, called on the Zimbabwean government to ratify the convention on torture…The Zimbabwe Human Rights Association said while the adoption of the new constitution with a modern Declaration of Rights, enshrined in chapter four, in 2013 has been an important milestone, a lot needed to be done to align laws, respect its provisions and establish a culture of constitutionalism. [see also: https://humanrightsdefenders.blog/2018/10/08/jestina-mukokos-150-000-triumph-in-zimbabwe-gives-hope-to-all-torture-victims/]

 

6. “As human rights declaration turns 70, development banks have a way to go to respect and protect rights defenders” writes Olexi Pasyuk in Bankwatch. To coincide with this milestone, Bankwatch together with more than 200 organisations globally has called on international financiers to ensure that these institutions support the realisation of human rights, avoid causing or contributing to rights abuses, promote an enabling environment for public participation, and safeguard rights defenders.

 

7.  

Today, on the occasion of the Human Rights Day – 20 years on from the first UN Declaration on Human Rights Defenders and on the 70th anniversary of the UN Universal Declaration on Human Rights – The Human Rights Defenders World Summit 2018 published the final document of the action plan for the protection and the promotion of the work of human rights defenders. This action plan proposes a concrete set of measures and calls for a lasting commitment from States and other key actors to act to protect human rights defenders and to take concrete actions to offer better protection and create a more enabling environment for their work. We trust that this document will become a key reference for advocacy work at national, regional and international levels for the years to come. The action plan is available to download in five languages on the Summit’s website https://hrdworldsummit.org/action-plan/ It will be presented at the United Nations in New York on December 18th during the high level panel of experts on the situation of HRDs at the initiative of Norway. More information soon on the summit facebook page and website. See also  Summit’s Facebook page, and on the website. [see also: https://humanrightsdefenders.blog/2018/07/24/announcement-of-the-human-rights-defenders-world-summit-in-paris-october-2018/]

 

8. Democracy without Borders writes on the occasion that Human rights defenders continue to face onerous challenges. In response to these challenges, Democracy Without Borders joined more than 900 other civil society organizations from across the world in supporting a global statement that urges governments “to create an enabling environment for HRDs to operate in line with regional and international human rights obligations and standards.”

Supporters of the Yellow Umbrella human rights and democracy movement in Hong Kong face state persecution. Source: Studio Incendo/Flickr
…..Unfortunately, as is evident from the monitoring of the situation of HRDs, those at the forefront of defending, promoting and protecting human rights are prime targets of attacks perpetrated by state and non-state actors. HRDs are often victims of physical assaults, and arbitrary and unlawful detention is the number one tactic of repression used by states. It is the increasingly threatening situation for HRDs that motivates the current global statement. [CIVICUS: World Alliance for Citizen Participation,. [see: https://humanrightsdefenders.blog/2018/12/07/global-statement-on-the-20th-anniversary-of-the-un-declaration-on-human-rights-defenders/]

9.  In the Philippines, in line with the country’s celebration of Human Rights Day, the Commission on Human Rights (CHR) opened on Monday a freedom park to honor those who fought against human rights violation. Dubbed as the Liwasang Diokno, the CHR commemorated the heroic act of late Senator Jose ‘Ka Pepe’ Diokno, whom the agency tagged as a “symbol of freedom, democracy, and human rights.” Diokno was one of those individuals who fought to attain democracy in the country during the Martial Law era under the Marcos administration. a statue of Diokno was also installed inside the park with the approval of the National Historical Commission of the Philippines.With the opening of the Liwasang Diokno at the central office of CHR in Quezon City, the human rights group urged the public to continue to be more active in defending the human rights. The freedom park has a 30-tier fountain in its center, symbolizing the 30 articles of the Universal Declaration of Human Rights (UDHR).

 

10.  A lights projection showing the faces of imprisoned, threatened and at-risk human rights defenders (HRDs) from around the world will shine at Dublin City Hall to mark the anniversary of the Universal Declaration of Human Rights. The faces will be projected on December 10th and 11th during a public reception, hosted by the Lord Mayor of Dublin Nial Ring with Front Line Defenders, Dublin City Council and the Department of Foreign Affairs.

———

https://reliefweb.int/report/world/worldwide-un-family-celebrates-enduring-universal-values-human-rights

https://www.phnompenhpost.com/national/phnom-penh-authorities-ban-march-human-rights-day

https://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/7C0D10EB243EC1FEC125835F003D589B?OpenDocument

https://intpolicydigest.org/2018/12/10/two-important-days-on-the-un-calendar-warranting-greater-attention/

https://citizen.co.za/news/news-africa/2048178/human-rights-defenders-urge-mnangagwa-to-walk-the-talk-on-rights-abuses/

https://bankwatch.org/blog/as-human-rights-declaration-turns-70-development-banks-have-a-ways-to-go-to-respect-and-protect-rights-defenders?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Bankwatch-blog+%28Bankwatch+blog%29

Jestina Mukoko’s 150.000 $ triumph in Zimbabwe: gives hope to all torture victims

October 8, 2018

In a rare case of triumph over impunity, the Zimbabwean High Court, on 27 September 2018, ordered the state to pay $150 000 to Jestina Mungareva Mukoko, a pro-democracy campaigner and Director of Zimbabwe Peace Project (ZPP). In a Deed of Settlement endorsed by the High Court, the defendants have been ordered to pay $100.000 to Jestina in respect of her claims while a further $50.000 will be paid as a contribution towards her legal costs (before 31 October 2018).

This exceptional decision was welcomed by many NGOs, including the Zimbabwe Peace Project (ZPP) and Zimbabwe Lawyers for Human Rights (ZLHR).

My good friend and long-time Zimbabwean human rights defender Arnold Tsunga said the following: “I think it’s a very good resolution of the case. The damages are significant but the case was also quite serious including the torture meted out on Jestina that the damages seem to fit the case. In a way it’s a double benefit in that the abduction and torture resulted in criminal case against her collapsing and on top of that she gets paid. Hopefully the security sector have learnt a lesson. It is also good that the judiciary is getting stronger and confident to pronounce itself this way“. Especially the latter is an important outcome!

ackground Information (Jestina Mukoko Triumph: The Facts):
Jestina was abducted by some unidentified armed men from her home in Norton on 3 December 2008, and her whereabouts together with two ZPP employees Broderick Takawira and Pascal Gonzo, who were also abducted later in December 2008 remained unknown until December 24, 2008, when they first appeared before the Harare Magistrates Court, after weeks of being held incommunicado and being tortured. In court, Jestina and her colleagues and dozens of other pro-democracy campaigners were accused by government of plotting to topple Robert Mugabe’s administration through recruiting people to undergo military training in neighbouring Botswana. After her release from a torturous three months stay in prison, Mukoko with the assistance of her lawyer Beatrice Mtetwa, a member of ZLHR, took legal action against the state.

In September 2009, the Supreme Court granted a permanent stay of prosecution in favour of Jestina due to the violation of several of her fundamental rights by state security agents as she had been subjected to torture and inhuman and degrading treatment including simulated drowning, being locked in a freezer and being subjected to physical assaults as her tormentors tried to make her confess to plotting to overthrow the administration of Zimbabwe’s former leader Robert Mugabe.

In 2017, the High Court ruled that those who had illegally arrested her could be held liable in their own individual capacities and the case culminated in lengthy protracted negotiations that have led to this outcome. During this time, Jestina was called different names such as ‘regime change agent, reactionary and other unprintable words in a bid to delegitimise her legitimate human rights activism. She was portrayed as a criminal, a tag which remains today but this settlement in the court vindicates her and her work in defending human rights.

Jestina Mukoko herself added the following piece on the Significance of my case” (which I reproduce almost in full as it is such a good lessons learnt):

..The patrimonial settlement cannot atone for the trauma and suffering that I suffered and went through at the hands of the state security agents who were ruthless, merciless and very evil. It will not make for lost time as my liberty and all other human rights accorded to me by virtue of my being human was unjustifiably curtailed nor will it provide solace for my traumatised family – my mother, son, brothers, sisters in law, extended family, friends and other peace loving citizens.

However, it is a victory for the rule of law, constitutionalism and a mortal blow to impunity. The High Court’s decision is proof that the justice system is still able to prove the involvement of the state and its representatives in gross human rights violations, and bring them to account, with justice being done for the victims like myself.

It sets a landmark precedent and shows that the state actors can be held accountable for their illegal conduct. It also sends a message to the overzealous enforcers of orders and in this case very illegal orders to violate a plethora of my rights that they will be held responsible for their actions and this can even be in their personal capacity.

I hope my story will inspire many other victims. To some extent, justice has now been done and this case will stand as an example in the continuing fight against impunity for state crimes and excesses.

My resort to litigation and the subsequent victory in court sends a strong signal that state sponsored crimes cannot go unpunished.

It is also an encouragement to human rights defenders that the dangers of their work will not be in vain. I hope this case will embolden younger activists to pursue social justice in the comfort that they can rely on this case to hold the state or anyone accountable who may threaten their liberties. It is also a vindication of the advocacy work done by all human rights activists and those who have invested in promoting and protecting human rights that even though the fruits of this cumbersome and often arduous journey may come late , they eventually come. This is a victory for everyone who has been in the trenches with me and who has walked this risky journey of human rights work.

I hope that this victory will set an example, particularly to the Zimbabwean authorities, who must now prosecute the perpetrators of abductions and enforced disappearances which is a heinous crime.

The High Court’s decision sends a clear signal to the Zimbabwean authorities, who must do everything in their power to guarantee victims access to impartial justice and to put an end to the endemic impunity that is enjoyed by torturers and the perpetrators of serious human rights violations.

This settlement comes at a time when the Commission of Inquiry into Post Election Violence set by President Emmerson Mnangagwa has started its work to establish the facts around the circumstances that led to the death of six people on 1 August 2018 in Harare after members of the Zimbabwe Defence Forces opened fire against protesters. It must be established whether the force used by members of the Zimbabwe Defence Forces was proportionate to the threat posed by unarmed protesters. It must also be established whether in doing so they overstepped their mandate and therefore should be held liable or the state vicariously liable. This case must form the basis for national rejection of all forms of impunity and the same principles must be followed by the Commission of Inquiry into Post Election Violence.

In conclusion, I, Jestina through the Zimbabwe Peace Project, which plays a critical role in documenting human rights abuses, will continue to join hands with other civil society organisations such as ZLHR to champion human rights in the post-Robert Mugabe era without fear or favour. The journey to full implementation of the Constitution and compliance with the supreme law of the land continues.

https://www.zoomzimbabwe.com/2018/10/05/high-court-awards-jestina-mukoko-150000-in-damages-for-state-torture/

See also: https://humanrightsdefenders.blog/2015/03/08/zimbabwe-celebrates-by-arresting-2-women-per-day-over-the-last-two-years/

Zimbabwe celebrates by arresting 2 women per day over the last two years

March 8, 2015

Of all the stories that reach us at the occasion of International Women’s Day this is perhaps the most astonishing:

Zimbabwe Lawyers for Human Rights (ZLHR) says 1390 women human rights defenders were arrested over the past 24 months.

ZLHR said the women activists were arrested for either staging street protests or petitioning and litigating government with the aim of pressing for political, social and economic rights. Beatrice Mtetwa said: “When these women were arrested they were trying to assert their rights as women first and foremost and as citizens of Zimbabwe”.

Zimbabwe Peace Project National Director Jestina Mukoko said women activists were not enemies of the state. “I do not know why the state thinks that we will be fighting against them. We do not intend to fight against the state but to remind them that we are people whose rights are being violated….But by just reminding them to recognize and respect people’s rights you will find yourself in jail,” [NewZimbabwe.com]

The event on Friday also saw the launching of a book titled “In Their Capacity as Human Rights Defenders: Women”.

ZLHR: 1 400 women arrested in 2 yrs.

Zimbabwe: Human Rights Defenders hunted through the criminal process in run up to referendum

March 9, 2013

Jestina Mukoko with letters from Amnesty International members

(Jestina Mukoko with letters from AI members © Amnesty International)

15 Zimbabwean Civil Society Organizations, on 9 March 2013 issued a joint statement condemning the sustained and escalating assault on non-governmental organisations (NGOs) involved in civic education, human rights monitoring, public outreach and service provision by the State. The cite as the latest example the charging of Jestina Mukoko on which AI issued a separate alert on 8 March:  “Prominent Zimbabwe human rights defender hunted down through the media”.
The criminalization of the work of civil society by the Government of National Unity is in direct contradiction with the letter and Spirit of the Global Political Agreement. It appears to us that the persecution of Jestina, who is not at anytime a fugitive from justice, is a direct victimization of an individual, who has been a victim of abduction by State security agents. State actions against Jestina were condemned by the Supreme Court and her prosecution quashed. Read the rest of this entry »