16 November 2007

Chairperson,

Honourable Commissioners,

HURISA Statement submitted to:

The African Commission on Human and People’s Rights

Open session 14-28 November 2007

Republic of Congo, Brazzaville

Honourable State Delegates

Chairperson of the African Commission on Human and People’s Rights

Honourable members of the African Commission

Colleagues,

Ladies and Gentlemen

First, HURISA would like to deposit its congratulations for your appointment as the new Chairperson of the African Commission on Human and People’s Rights. We are looking forward to your new leadership and collaborations with the African Commission now and the future.

Situation of democracy and human Rights in the SADC region

The SADC region successfully destroyed the draconian policies of South Africa, characterized by unjust laws that supported police brutality, arbitrary arrest, and detention without trial, discrimination and separate development. After the installation of the new dispensation in South Africa, the SADC opted for peace, unity and cooperation among each other through trade policies and many human development policies. These followed through the introduction of political, economical and cultural mechanisms that sought to repair the scourge of damage left by apartheid regime. The SADC launched a Declaration Treaty in 1992 which entrench Article 23, a civil society participatory mechanism for engagement with the leadership in the processes of regional integration. Article 23 has not been honoured, this is despite the SADC Summit resolution of March 2007 that empowered the South African government to assume mediation role between the government of Zimbabwe and the people in instilling peace and mutual political understanding between opposition and ruling party.

Madam Chair, The social, political and economic fabric of the region is exposed to deal with very thorny and demanding modern problems. The region has become a casualty to the HIV/AIDs pandemic. We are rated highest in the world with over 20 % people living with the pandemic. South Africa, Swaziland, Lesotho, Mozambique and Botswana have high statistics. Although the HIV / AIDs statistic record shows static pace, hundreds of people are dying every day. Unemployment rate and poverty levels have escalated in the region. Although South Africa faces many of its own social, political and economic challenges, it remains the only state with social, economic and political hegemony and still depended upon by the region for job opportunities.

Chairperson, During the era of democratic transformation and development of human rights institutions, reports of human rights abuses surfaced, particularly in the Kingdom of Swaziland an absolute monarchy, continue to prohibit the existence of political parties. In Zimbabwe, political climate is volatile. The SADC region is witnessing a repeat of the shivering and hissing period of the dark apartheid South Africa. This is manifested by the complete breakdown of the rule of law, suppression of opposition, culminated by police brutality, arrest and detentions without trails, the independence of the judiciary is undermined and compromised to mention the least. Yet none of the SADC leadership has invoked the provisions of Article 23 to end the increasing violence and political crisis with the people of the region. Even South Africa, a country worldwide known for the best human rights record is not doing much to help Zimbabwe to come out of the political crisis.

Madam Chair, The country is near collapse of basic necessities such as food, bread, flour, petrol, paraffin, soap, medication. This has resulted in massive exodus of Zimbabwean people seeking humanitarian assistance in the neighbouring states such as Botswana, South Africa, Zambia, Mozambique. But since Botswana and South Africa’s economy and democratic profiles are rated highest in the region they face challenges and take the bulk of the Zimbabwean migration problems.

However, South Africa and the Botswana governments are not handling the Zimbabwean humanitarian crisis in the spirit of “Ubuntu” that is in an African brotherhood manner and solidarity. The Zimbabwean people are meted with hostility and xenophobic treatment especially in Botswana. Madam Chair, we bring to the attention of the African Commission that the government of Botswana has not submitted a single periodic report, on the African Charter on Human and People’s Rights, to the Commission. It is concerning that Botswana government remains silent and not show any sign of honour and respect of its obligations towards the African Charter.

Madam Chair, Zimbabwean professionals, such as nurses, teachers, lawyers, engineers, electricians and journalist flee their country and enter neighbouring states through illegal means. Once in foreign states they cannot find suitable jobs to sustain themselves as well as maintaining their families back home. In order to overcome this challenge, majority of them live in shared apartments to save cost, some sleep in dangerous environments such as bus stations, streets corners, construction sites. Hillbrow, the Johannesburg most shocking and dangerous area which has high levels of crime, such as drug trafficking, prostitution and high risk of HIV/AIDs is home to the Zimbabwean. There are also many reports of high mortality rates caused from contacting the HIV/AIDS while in South Africa.

Furthermore, Arbitrary arrest and deportations have been the only means used to address the humanitarian crisis of Zimbabwe. This year alone, South Africa has deported over 150, 000 Zimbabweans. The government of South Africa spend over 10 million per month in handling deportations. In Botswana 60, 000 since December last year have been deported. Usually upon arrival in Zimbabwe the deportees are handed over to the police and exposing them to further life threatening and arbitrary arrest.

The humanitarian situation faced by the Zimbabwean people both in Zimbabwe and neighbouring states, have reached disintegrated levels and needs urgent intervention.

We call upon the African Commission on Human and Peoples’ Rights to do the following:

1. Urge the government of Botswana to bring up to date all its outstanding periodic reports on the African Charter on Human and People’s rights with the African Commission.

2. The South African government to fast track the implementation process of the SADC Summit, March 2007 resolution

3. The Special Rapporteur on Refugees and Internally Displaced Persons to use his expertise to assist the government of South Africa and Botswana to use funds utilised for deportations for handling the humanitarian crisis faced by the Zimbabweans who flee for political and economic reasons from Zimbabwe.

4. The SADC states to honour the SADC Treaty 1992, and take the opportunity enshrined in Article 23 to bring peace, unity, and address the social ,economic and political crisis in Zimbabwe.

I thank you Chairperson for the opportunity to make this statement.

Related documents:

• NGO Forum Resolution on enforced disappearances

• NGO Forum Resolution on the situation of human rights defenders in Africa (Res. 008)

• NGO Forum Resolution on Migration and Human Rights

• NGO Forum Resolution on the exploitation of natural resources in Africa

• NGO Forum Resolution on Strengthening the Responsibility to Protect in Africa (Res: 009)

• NGO Forum Resolution on sexual violence in armed conflict

• NGO Forum Resolution on the human rights situation in Somalia

• NGO Forum Special Interest Group: prevention and prohibition of Torture in Africa

• HURISA Statement on NGO's relationship with the African Commission.

• Final communique of the 42nd Ordinary session of the African Commission on Human and Peoples' Rights