Identifier
Created
Classification
Origin
06HARARE376
2006-03-27 17:37:00
CONFIDENTIAL
Embassy Harare
Cable title:  

ZLHR DIRECTOR ON ANTI-REGIME ACTIONS AT HOME AND

Tags:  PHUM EAID PGOV ASEC PREL ZI 
pdf how-to read a cable
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RUEPGBA/CDR USEUCOM INTEL VAIHINGEN GE//ECJ23-CH/ECJ5M//
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000376 

SIPDIS

SIPDIS

AF/S FOR B. NEULING
NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE
AFR/SA FOR E. LOKEN
COMMERCE FOR BECKY ERKUL

E.O. 12958: DECL: 12/31/2011
TAGS: PHUM EAID PGOV ASEC PREL ZI
SUBJECT: ZLHR DIRECTOR ON ANTI-REGIME ACTIONS AT HOME AND
ABROAD

REF: HARARE 112

Classified By: Ambassador Christopher Dell under Section 1.4 b/d

-------
Summary
-------

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000376

SIPDIS

SIPDIS

AF/S FOR B. NEULING
NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE
AFR/SA FOR E. LOKEN
COMMERCE FOR BECKY ERKUL

E.O. 12958: DECL: 12/31/2011
TAGS: PHUM EAID PGOV ASEC PREL ZI
SUBJECT: ZLHR DIRECTOR ON ANTI-REGIME ACTIONS AT HOME AND
ABROAD

REF: HARARE 112

Classified By: Ambassador Christopher Dell under Section 1.4 b/d

--------------
Summary
--------------


1. (C) Zimbabwe Lawyers for Human Rights (ZLHR) Director
Arnold Tsunga on March 23 told the Ambassador that he enjoyed
surprisingly good relations with many GOZ authorities, who he
said were increasingly ambialent about GOZ repression. He
said that despite GOZ harassment, ZLHR continued its
activities, specially defending human rights activists and
presenting human rights cases to the African Union. With
respect to the latter, Tsunga said ZLHR had convinced
regional law societies to join ZLHR's petition filed last
week with the African Union against the GOZ's recent
cnstitutional amendments. In response to the Ambasador,s
suggestion, Tsunga expressed interest inexpanding ZLHR,s
activities to include the humanrights component of GOZ
economic crimes. End Sumary.

--------------
GOZ Repression and Ambivalence
--------------


2. (C) The Ambassador asked Tsunga about GOZ harassment of
ZLHR. In response, Tsunga noted that ZLHR's work was
facilitated by a certain rapport - and in some cases
collaboration - between mid- to low-level authorities and
human rights defenders. Tsuga said he had a good working
relationship with a number of GOZ officials, especially the
Director of Public Prosecutions. He also worked closely with
the Chief of Magistrates in senior-level Law Society
meetings. He added that the Attorney General's office
recently had approache ZLHR for training of AG staff and the
judicary.


3. (C) Tsunga said police and prosecutors often became "more
reasonable" once human rights lawyers were on the scene -
they feared adverse publicity and potential lawsuits, and
were increasingly ambivalent toward the regime's repression.
Many welcomed the "political cover" the lawyers' presence

provided. In that regard, Tsunga noted a recent incident in
Mutare, when a number of participants in a ZLHR program had
been detained after authorities believed Tsunga had left
Mutare. Upon learning of the detentions, he proceeded to the
police station and secured the detainees' release. He noted
said the police officers at the station had attributed the
arrests to an overzealous new regional police chief.

--------------
Defending Human Rights Activists Nationwide
--------------


4. (C) Tsunga said the day-to-day legal representation of
victims of human rights abuses was ZLHR,s most important
activity. ZLHR's 172 lawyers were sufficient to keep up with
the number of human rights cases across the country. Eleven
lawyers were specially designated to travel to and manage
caseloads in the most "insecure" areas, and broadly dispersed
community activists trained over the past few years
maintained communications between remote communities and
ZLHR. Ongoing civic education sensitized the populace to
their rights and what lawyers can do. Victims who were not
being represented by ZLHR were ones who had chosen not to
pursue cases - not surprising given the fear that pervades

HARARE 00000376 002 OF 003


the populace - or had retained their own legal counsel. He
stressed the importance of USAID-funded psycho-social support
for victims, suggesting churches could play a greater role in
that regard.


5. (C) In response to the Ambassador's inquiry, Tsunga said
ZLHR had the capacity to ramp up for a larger workload if
significant MDC and civil society clashes with the GOZ
materialized. Robust legal representation could be an
important confidence-builder, especially with the MDC's
perceived inability to protect its own in the field. Fear
and perceptions of state readiness to crush civic action
remained but public receptivity to civic action was growing.
Tsunga said he agreed with the thrust of nascent MDC and

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civil society action plans and ZLHR would continue to
coordinate with the democratic opposition in that regard. He
lamented that too many in civil society were "committed to
safe zones" and afraid to risk their necks.

--------------
Activities in Multilateral Forums Resonating
--------------


6. (C) Tsunga said bringing Zimbabwean cases before
multilateral forums, especially the African Union's Africa
Commission on People's and Human Rights (ACPHR) was another
key ZLHR activity, and one that was beginning to have
results. For instance, the week of March 20, ZLHR had
brought a case at the ACHPR in connection with the GOZ's
recent constitutional amendments, which dispossessed the
judiciary of jurisdiction over state seizures under land
reform. Significantly, the petition had been joined by the
law societies of Tanzania, Uganda, Namibia, Zambia and the
SADC Lawyers' Association. Tsunga said he had used his
chairmanship of the SADC Bar's human rights committee and
connections at the International Bar Association to generate
this regional concern.


7. (C) Asked by the Ambassador about other ACPHR cases,
Tsunga said here were eleven cases pending and that despite

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GOZ delaying tactics, the ACPHR had already accepted four.
He predicted that all would eventually be heard, including
the case on Operation Restore Order - built largely on
USAID-funded data collection ) which was scheduled for a
jurisdictional hearing in June and would be heard on the
merits in October. He noted that ZLHR was also pursuing
Operation Restore Order in a domestic class action.
Ultimately, he hoped UNSC attention would open an avenue to
action at the International Criminal Court on the operation.
The Ambassador noted political obstacles and USG objections
to the ICC and urged ZLHR to consider other possibilities.


8. (C) Regarding the GOZ's recently reported intention to
establish a human rights commission, Tsunga agreed with the
Ambassador's analysis that it was another GOZ effort to
obstruct ZLHR from being able to bring cases before regional
tribunals such as the ACHPR. The GOZ would present the body
as another level of domestic administrative appeal that would
have to be exhausted before the ACHPR could act. However,
legally, Tsunga said it would have no effect on cases already
before the ACPHR.

--------------
Economic Crimes
--------------


9. (C) The Ambassador noted our interest in developing
evidence to support expansion of the list of sanctioned

HARARE 00000376 003 OF 003


individuals and entities and inquired if ZLHR could be of
assistance. Tsunga confirmed that ZLHR's litigation
developed considerable documentation that could be used in
that regard. Moreover, with additional funding the
organization would be interested in expanding its activities
to include economic crimes involving official impunity, which
he said was an untapped area of human rights litigation. He
said ZLHR would produce a proposal in the coming weeks for a
project that would spotlight official economic fraud, which
could also develop sanctions-related information.

--------------
Comment
--------------


10. (C) Tsunga and his committed colleagues at ZLHR play a
critical role in pressuring the regime domestically,
regionally, and internationally. Tsunga has made ZLHR the
country's preeminent organization representing victims of
human rights abuse through its national network of human
rights defenders. Recent GOZ efforts to intimidate him
personally (reftel) have had no effect on his commitment and
energy to address the regime's abuses. We are nominating
Tsunga for the 2006 Robert F. Kennedy Human Rights Award and

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plan to maintain our strong support for his and ZLHR's
efforts, including their nascent effort to expose economic
crimes.
DELL