Since the start of a 21-day lockdown in March 2020, the Zimbabwean government has been using the coronavirus pandemic to clamp down on fundamental freedoms. The country, which already ranks 149th out of 195 countries on the 2019 human freedom index (a global measurement of personal, civil, and economic freedoms), has been extending its poor record throughout the pandemic period. The government has been holding consultations on proposed amendments to its constitution to give more powers to the president. The majority of the populace cannot make any meaningful contribution to these consultations because of the restrictions placed on access to the venues by the state under COVID-19 regulations.    

FREEDOM OF MOVEMENT

On 21 July 2020, Zimbabwean President Emmerson Mnangagwa imposed a 6am-to-6pm curfew, citing the increase in coronavirus cases in the country. However, the timing of the announcement suggests that this is an attempt to clamp down on the opposition and activists who had planned a protest on 31 July against the growing corruption and economic mismanagement by the ruling party, ZANU-PF. 

In another case, the Harare High Court barred the police from restricting freedom of movement. The police had been making unreasonable demands at police checkpoints, such as requiring individuals in the health sector to be in uniform and show health ID cards, while those in civilian attire were required to produce an exemption letter in order to pass through roadblocks. There have also been reports where people were required to pay bribes in order to pass through the checkpoints. The High Court order, however, did not stop the security forces from arresting Henry Chivhanga, the Director of Disability Amalgamation Community Trust, and charging him with “unnecessary movement” for protesting against the neglect of people with disabilities by the government.

The restrictions on movement have also impacted on the right to health, with individuals failing to access health institutions due to movement restrictions. A local pastor, Rumbidzai Kamba, spoke on how a cancer patient who wanted to access chemotherapy was denied entry into Harare city center by security forces, despite having relevant documents. This patient later died. The lockdown has also had devastating effects on maternal health with pregnant women failing to access clinics because of movement restrictions and fear of being beaten by state security forces. 

FREEDOM OF ASSEMBLY AND EXPRESSION

The COVID-19 regulations also saw a clampdown on freedom of assembly and freedom of expression since they came into effect in March 2020. Most notably, members of the main opposition, Movement for Democratic Change (MDC), Joana Mamombe, Cecilia Chimbiri, and Netsai Marova were arrested at a police checkpoint for breaking lockdown regulations by protesting the lack of food and basic amenities. The trio was held incommunicado for 36 hours during which time they underwent torture, rape, and physical assault. Although they were eventually released on bail, the violence against them has not yet been investigated, nor have the charges against them been dropped. The incident has since gained international attention with UN human rights experts issuing a statement and several international, regional, and local civil society organizations condemning the incident. 

The police also banned a protest against corruption amid a deteriorating economy on 31 July, threatening to deal with the participants as “terrorists”. In reaction to the planned protest, the ruling party spokesperson, Patrick Chinamasa, incited violence by calling on the party supporters to use whatever means at their disposal to defend themselves. This is in violation of the right to personal security defined under section 52 of the Zimbabwean Constitution. Award-winning Zimbabwean author Tsitsi Dangarembwa and main opposition spokesperson Fadzai Mahere were also arrested for participating in solo protests on 31 July and were charged with violating peace in the country.  

Charges have also been levelled against 13 nurses who are accused of contravening lockdown regulations by protesting to demand better wages and working conditions. The nurses were arrested on 6 July at Sally Mugabe Hospital. Two of them paid admission of guilt fines whilst 11 were released on $15 bail after they appeared at a magistrate court on 7 July. ThePresident has since continued to undermine freedom of information by threatening journalists with jail terms of up to 20 years for spreading “fake news” on coronavirus.

ACCESS TO JUSTICE 

After the case of journalist Hopewell Chin’ono was postponed to allow court staff to be able to reach home before the 6pm curfew, leading human rights lawyer Beatrice Mtetwa alluded that this made a mockery of the need to be brought before court within 48 hours. This is because, while the president had issued a decree on the curfew, as per the state’s constitution, the president does not have the power to suspend constitutional rights through statutory instruments or decrees. Similarly, the aforementioned MDC trio was denied entry into court by court staff on the basis that they were wearing masks with opposition party designs. This incident speaks volumes of the lack of judicial independence in Zimbabwe. The MDC trio’s lawyer, Obey Shava, was also detained at a police checkpoint in Harare, in violation of the UN Basic Principle on the Role of Lawyers, which says that lawyers should not be identified with the causes of their clients. 

Baroness Helena Kennedy QC, the director of the International Bar Association's Human Rights Institute, stated that even though freedoms sometimes have to be constrained for the collective interest, there must be ways of reviewing these powers. The Office of the High Commissioner for Human Rights (OHCHR), in a statement, also confirmed that any lockdown measures in relation to the ongoing COVID-19 pandemic should be “necessary, proportionate and time-limited”. The OHCHR was correct in reminding the Zimbabwean authorities that the coronavirus pandemic should not be used as an excuse to clamp down on fundamental freedoms.

Nigel has an LLB in International Law from Near East University (Cyprus). Currently, he is a member of an NGO called VOIS Cyprus which advocates for the rights of international students in Cyprus.

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