Identifier
Created
Classification
Origin
06HARARE532
2006-05-09 14:15:00
CONFIDENTIAL
Embassy Harare
Cable title:  

AU REQUESTS "PROVISIONAL MEASURES" FROM GOZ IN

Tags:  PGOV PREL PHUM ZI 
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PP RUEHMR
DE RUEHSB #0532 1291415
ZNY CCCCC ZZH
P 091415Z MAY 06
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC PRIORITY 9979
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHUJA/AMEMBASSY ABUJA 1199
RUEHAR/AMEMBASSY ACCRA 1035
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RUEHDK/AMEMBASSY DAKAR 0829
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RUEHNR/AMEMBASSY NAIROBI 3619
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RUEHRO/AMEMBASSY ROME 1662
RUEKDIA/DIA WASHDC//DHO-7//
RHEHNSC/NSC WASHDC
RUEHBS/USEU BRUSSELS
RUEKJCS/JOINT STAFF WASHDC
RUCNDT/USMISSION USUN NEW YORK 1414
RUCPDOC/DEPT OF COMMERCE WASHDC
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK//DOOC/ECMO/CC/DAO/DOB/DOI//
RUEPGBA/CDR USEUCOM INTEL VAIHINGEN GE//ECJ23-CH/ECJ5M//
C O N F I D E N T I A L HARARE 000532 

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: PGOV PREL PHUM ZI
SUBJECT: AU REQUESTS "PROVISIONAL MEASURES" FROM GOZ IN
HUMAN RIGHTS CASE

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

C O N F I D E N T I A L HARARE 000532

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: PGOV PREL PHUM ZI
SUBJECT: AU REQUESTS "PROVISIONAL MEASURES" FROM GOZ IN
HUMAN RIGHTS CASE

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


1. (C) Zimbabwe Lawyers for Human Rights (ZLHR) Executive
Director Arnold Tsunga conveyed to the Ambassador on May 5 a
copy of a letter dated April 7, 2006, to President Mugabe
from Ambassador Salamata Sawadogo, Chairperson of the African
Commission on Human and Peoples' rights (ACPHR) (full text
transmitted to AF/S). Under African Union letterhead, the
letter requests the GOZ to take certain provisional measures
(below) to protect individuals affected by the GOZ's slum
demolition program last year in connection with a case
brought before the ACPHR by ZLHR and the Southern African
Human Rights Trust (SAHRiT). Tsunga advised that the GOZ had
yet to respond to the letter and we are unaware of any media
attention to the letter.


2. (SBU) The letter states, inter alia:

"The African Commission, having examined the request of the
Complainants, has decided, in conformity with Article 111 of
the African Commission's Rules of Procedure, to request Your
Excellency and the Government of Zimbabwe to take provisional
measures so as:

(1) To obviate the general deterioration of the health of 34
terminally ill individuals infected by HIV/AIDS and who, due
to "Operation Murambatsvina", are said to lack access to
medical treatment, in particular to anti-retroviral drugs.

(2) To ensure that the 210 children of school going age who
are enrolled and some of whom are to sit to exams, do not
lose the opportunity to pursue their education and to sit for
their exams, as a result of "Operation Murambatsvina". The
names of the said children are attached herewith in annex;

(3) To adopt specific measures favourable to the victims of
"Operation Murambatsvina", such as the provision of shelter
and medical treatment to orphans, to the elderly and to the
sick, in order to improve their situation.

Your Excellency Mr. President of the Republic, on behalf of
the African Commission, I would like to request your
Excellency and the Government of the Republic of Zimbabwe, in
case this information is proven correct, to kindly implement
the above-mentioned provisional measures and I would like to
assure you that this request does not in any way, reflect the
final position of the African Commission as regards this
Communication."


3. (C) COMMENT: Tsunga characterized the letter and the
provisional relief it requests as "unprecedented." To our
knowledge, he seems to be right. We are unaware of any other
such AU directives in the past. The measure is welcome
evidence that the ACPHR is prepared to play a constructive
role in advancing human rights in Zimbabwe and on the
continent. Moreover, the letter is a strong indicator that
others on the continent are increasingly unsympathetic to
Mugabe's regime and willing to stand up to Mugabe's
posturing. We hope it will provide political cover to other
Africans to speak out and that it will help deepen the GOZ,s
growing sense of isolation and vulnerability. For its part,
we would expect the Mugabe regime to react with defiance and
to allege that the ACPHR is captive to the West.
DELL