A LOCAL human rights organisation has come out in full support of the United Nations special rapporteur Mary Lawlor recently accused by the government of undermining Zimbabwe’s legal processes.
The government has accused UN special rapporteur on human rights defenders Mary Lawlor of “undermining local legal remedies”, as the envoy continues to pile on pressure for the State to drop charges against human rights activist Namatai Kwekweza and four others.
After being pulled off a plane they had just boarded on July 31 for a conference that was due to be held in Victoria Falls human rights defenders Kwekweza, Robson Chere, Samuel Gwenzi and Vusumuzi Moyo said they were held incommunicado for eight hours, during which they were allegedly tortured.
On August 2, 2024, the quartet were charged with “disorderly conduct in a public place” in relation to their alleged participation in a public peaceful march outside the Harare Magistrates Court in June this year, and they spent a month in detention before getting bailed out.
On August 15, Lawlor wrote to the authorities in Harare raising concerns over the reported “enforced disappearance and arbitrary arrest of, and alleged acts of torture and other cruel, inhuman or degrading treatment or punishment . . . which appear to be in retaliation for their work promoting and protecting human rights.”
ZimRights national director Dzikamai Bere, however, commended Lawlor for her consistent efforts to uphold human rights globally including in Zimbabwe.
“Her engagement underscores the importance of international cooperation in safeguarding the rights of those who work to protect fundamental freedoms,” he said.
“It is essential that any concerns raised about the treatment of human rights defenders are addressed transparently and effectively.
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“At ZimRights, we believe that strengthening both local and international mechanisms will ensure justice and accountability for all citizens.”
It its response to Lawlor dated September 9 this year and published for the first time last week, the government launched a veiled attack on the envoy, alleging that while “Zimbabwe acknowledges the important role that special mandate holders at the Human Rights Council play in promoting and protecting human rights globally”, authorities in Harare were concerned about “the increasing tendency by some of these special mandate holders to act as courts of first instance, potentially undermining the local legal remedies available to citizens within their own countries.”
“Accordingly, the actions of special mandate holders, must be aligned with the principle of subsidiarity, allowing national legal systems to function effectively as the primary avenue for justice,” the government said.
It also accused civil society of the tendency to “deliberately and mischievously cause anarchy particularly, ahead of major international events, in order to discredit the government”.
“These unlawful actions, have become sources of unverified information which, unfortunately, are authoritatively used as the basis of allegations of human rights violations against Zimbabwe,” it said.
The government claimed that authorities always responded to allegations of enforced disappearance and cruel treatment with a serious and structured investigation, adhering to both domestic legal frameworks and international obligations.
“Protective measures are in place for victims and witnesses, and the State remains committed to ensuring justice and preventing violations,” the government said.
“If public officials are found to be culpable, they face criminal charges as provided for, under Zimbabwean law. The prosecution process will be transparent, thereby ensuring accountability.”
The Zimbabwe Lawyers for Human Rights has alleged that while in detention, the activists were denied access to medical care.
But the government said arrested and detained persons receive comprehensive medical examinations to establish their baseline health and identify any immediate medical needs.
“Medical staff at detention facilities continuously monitor the detainees’ health, conducting regulare check-ups and providing access to medical care, including external specialists if need be.
However, Lawlor said the Zimbabwean authorities had recently responded to the letter she wrote in August raising concerns about the alleged abduction and arrest of the activists.
“I reiterate my full solidarity with Zimbabwean human rights defenders and call once again for their ‘disorderly conduct’ charges to be dropped,” she said.
