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245/02 Zimbabwe Human Rights NGO Forum v Zimbabwe

ACHPR Decision

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Summary of Facts1
Complaint2
Procedure2
Law3
Admissibility3
Specific Case of Talent Mabikka4
State Party's Response6
African Commission's Decision on Admissibility7
Merits8
Complainant's Submissions on the Merits8
Allegation of Violation of Article 1 of the African Charter8
Allegation of Violation of Article 2 of the African Charter - Non-discrimination9
Allegation of Violation of Article 3(2) of the African Charte9
Allegation of Violation of Article 4 of the African Charter10
Allegation of Violation of Article 5 of the African Charter10
Allegation of Violation of Article 6 of the African Charter11
Allegation of Violation of Articles 9, 10 and 11 of the African Charter11
Allegation of Violation of Article 13(1) of the African Charter12
State Party's Submission on the Merits12
Issues for Determination and Decision of the African Commission on the Merits16
What are non-state Actors Under International law?16
Are the Zimbabwe African National Union-Patriotic Front - ZANU (PF) and the Zimbabwe Liberation War Veterans Association (War Veterans) non-state Actors17
Extent of a State's Responsibility for Acts of non-state Actors18
Allegation of Violation of Specific Provisions of the African Charter21
The Clemency Order and the Respondent's State's Human Rights Obligations Under the African Charter24
Holding29

245/02 Zimbabwe Human Rights NGO Forum v Zimbabwe

ACHPR Decision

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Type of Document

Decision

Keywords

Armed Robbery Allegations
Child Abuse/Exploitation
Civil and Political Rights
Constitutional Amendment
Cruel and Degrading Treatment
Due Diligence
Economic, Social and Cultural Development
Elections / Referendums
Equality Before the Law
Extra-Judicial Killings
Fraud
Freedom from Discrimination
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Opinion
Kidnapping/Sequestration
Massive Human Rights Violations
Militia operations / Armed conflicts
Murder/Assassination
Participation in Government
Peace and Security
Police Brutality and Offences
Rape
Right to Dignity
Right to Information
Right to Life
Right to Property
Sexual and Gender Based Violence
Sexual Offences
Theft
Torture and Ill Treatment
Transitional Justice
Violations Resulting from Warfare and Military Operations

Case Head Notes: The Complainant is alleges that following the Constitutional Referendum there was political violence,which escalated with farm invasions, by war veterans and other landless peasants. That during the period between February and June 2000 when Zimbabwe held its fifth parliamentary elections, ZANU (PF)supporters engaged in a systematic campaign of intimidation aimed at crushing support for opposition parties. It is alleged that violence was deployed by the party as a systematic political strategy in the run up to the Parliamentary elections.

Country

Zimbabwe

Outcome: Decided on Merits

Year Decided: May 15, 2006

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated (ACHPR Provisions)

ACHPR 7.1: Right to be Heard
ACHPR 1: General Obligations

Rights Not Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

Jan 3, 2002 ~ May 15, 2006

Country Geolocation

Latitude: -19.015438

Longitude: 29.154857

Country Geolocation (linked ACHPR Decision): Zimbabwe

Primary Documents

245-02 Zimbabwe Human Rights NGO Forum v Zimbabwe.pdf
English
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245-02 Zimbabwe Human Rights NGO Forum v Zimbabwe.pdf
Portuguese
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African Charter on Human and Peoples' Rights

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

African Charter on Human and Peoples' Rights

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the la

Treaty

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law. Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others

Treaty

African Charter on Human and Peoples' Rights

Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

African Charter on Human and Peoples' Rights

15Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights

.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

321/06 Law Society of Zimbabwe et al v Zimbabwe

Communication 245/2002

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

Zimbabwe Human Rights NGO Forum v Zimbabwe(n 13 above), para 143

ACERWC Decision

272/03 Association of Victims of Post Electoral Violence & Interights v Cameroon

22 communication 245/2002, Zimbabwe Human Rights NGO Forum vs. Zimbabwe, parag. 143.

ACHPR Decision

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

Zimbabwe Human Rights NGO Forum v. Zimbabwe

ACERWC Decision

272/03 Association of Victims of Post Electoral Violence & Interights v Cameroon

22 communication 245/2002, Zimbabwe Human Rights NGO Forum vs. Zimbabwe, parag. 143.

ACHPR Decision

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

Human rights standards do not contain merely limitations on State's authority or organs of State. They also impose positive obligations on States to prevent and sanction private violations of human rights. Indeed, human rights law imposes obligations on States to protect citizens or individuals under their jurisdiction from the harmful acts of others. Thus, an act by a private individual and therefore not directly imputable to a State can generate responsibility of the State, not because of theact itself, but because of the lack of due diligence to prevent the violation or for not taking the necessary steps to provide the victims with reparation.

ACERWC Decision

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

„an act by a private individual and therefore not directly imputable to a State can generate responsibility of the State, not because of the act itself, but because of the lack of due diligenceto prevent the violence or for not taking the necessary steps to provide the victims with reparation.‟

ACERWC Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

States are obliged to show due diligence to ensure the full realization of human rights.

ACERWC Decision

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

Zimbabwe Human Rights NGO Forum v Zimbabwe(2006) AHRLR 128 (ACHPR) 2006 para 146

ACERWC Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

cle 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

368/09 Abdel Hadi, Ali Radi & Others v Sudan

Communication 245/2002

ACHPR Decision

140/94-141/94-145/95 Constitutional Rights Project, Civil Liberties Organisation and Media Rights Agenda v Nigeria

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

137/94-139/94-154/96-161/97 International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interrights (on behalf of Ken Saro-Wiwa Jnr) v Nigeria

ACHPR Decision

African Charter on Human and Peoples' Rights

rticle 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

African Charter on Human and Peoples' Rights

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law. Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

UN Document

African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

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- UN Document1
Cases Referenced2
- ACHPR Decision2
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