The recent report by the American Bar Association Center for Human Rights staff has revealed concerns about the judicial harassment of human rights defenders and labor activists in Zimbabwe.
Obert Masaraure, the President of the Amalgamated Rural Teachers Union of Zimbabwe was found guilty of obstruction of justice and incitement to public violence, charges that were widely seen as a violation of his right to freedom of expression and peaceful assembly.
According to the report, the case against Masaraure centered on a statement he allegedly wrote, calling for protests in support of another trade union leader.
The report titled ‘Zimbabwe: Trial Observation Report. The Case of Mr. Obert Masaraure. Obstruction of Justice & Incitement to Violence’, reflects Masaraure as “part of a pattern of harassment against union leaders and other human rights defenders and members of civil society”.
“The charges of obstruction of justice and incitement to public violence in response to a statement allegedly written by Mr. Masaraure are a contravention of standards of necessity and proportionality for restrictions of speech, marking a violation of Mr. Masaraure’s right to freedom of expression.
“Considering the content of the statement, which called for protests in support of another trade union leader, pursuing charges also marked a violation of freedom of peaceful assembly,” reads the report.
Despite the statement being a legitimate expression of speech, Masaraure was arrested and held in pretrial detention for weeks, a move deemed arbitrary and disproportionate under international standards.
The report reads: “As the statement was a legitimate expression of speech, the arrest and subsequent weeks of pretrial detention were arbitrary; moreover, pretrial detention for speech regardless of content is disproportionate under international standards.”
The conviction itself was criticized for lacking adequate justification and legal findings, with the court establishing uncontested facts that contributed to the conviction and sentencing.
The imposition of a custodial sentence was seen as disproportionate, particularly given the context of free speech, indicated the report.
“The conviction itself was not adequately justified and reasoned under international and domestic standards, as it lacked legal findings required under the charge for both the obstruction of justice conviction and the incitement of public violence finding used as an aggravating factor in sentencing.
Masaraure’s case is not an isolated incident, as he has faced six criminal cases since 2019.
The sheer number of cases and the lack of well-reasoned judgments suggest improper motivation and an abuse of process, according to the report. The trial was also marred by unreasonable delays, lasting 23 months from arrest to conviction.
Masaraure’s case has sparked concerns about the erosion of human rights and the rule of law in Zimbabwe.
The report also highlighted that it’s not only Masaraure, but a whole list of other “civil society members, human rights lawyers, journalists, and trade union leaders have suffered from harassment and criminalization in the practice of their professions.”
In 2020, journalist and human rights defender Hopewell Chin’ono “was arrested and charged with incitement to commit public violence after posting a call on social media to participate in a protest, following reports of corruption and mismanagement of public funds.”
In January 2023, police attacked and detained human rights lawyer Kudzayi Kadzere, resulting in a serious hand injury. Just a few months later, in April 2023, lawyer Fadzayi Mahere was found guilty of spreading false information that allegedly eroded “public confidence in a law enforcement agency” for a video on Twitter criticizing police brutality.
The aforementioned are some of the examples of labor leaders that have been a target of harassment and criminalization.
An ILO Inquiry report also highlighted that there was “a systematic targeting of trade union officials and members,” through “significant violence [and] unjustified detentions.”
Considering irregularities in Masaraure’s case which amount to the denial of a fair trial, the report indicated that: “the case must be reviewed by a competent and impartial tribunal upon appeal. Appeal proceedings must strictly adhere to international standards.”
