The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, approximately 82 percent of the population had access to the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

The law provides for the freedoms of peaceful assembly and association, and the government generally respected those rights.

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees, including access to education and health care.

Durable Solutions: In April the government announced a Democratic Responsibility Visa for Venezuelans fleeing the humanitarian crisis in Venezuela. Under the government’s immigration reform, the Democratic Responsibility Visa is the primary means for Venezuelans to work or establish legal residency in Chile. On November 7, the government facilitated the voluntary repatriation of 160 Haitians to Port-au-Prince under its Humanitarian Plan for Orderly Returns program. Haitians wishing to participate must sign a declaration that they will not return to Chile within the next nine years.

Although the constitution and law provide for freedom of expression, including for the press, it has derogations that permit restrictions of these fundamental rights and freedoms in certain circumstances. In particular, Article 22(3) allows the restriction of freedom of expression in the interests of national defense, public safety, public order, and public health or for the purpose of protecting the reputations, rights, and freedoms of others and maintaining the authority and independence of the courts. Based on these provisions, the government can restrict these freedoms using subsidiary laws such as the Penal Code, Public Order Act, Preservation of Public Security Act, and Emergency Powers Act.

Freedom of Expression: The government remained sensitive to criticism in general, particularly by the political opposition and civil society, and restricted the ability of individuals to freely criticize it or discuss matters of general public interest. For example, in November, Gregory Chifire, director of the Southern Africa Network Against Corruption, was sentenced to six years’ imprisonment on four counts of contempt of court. The charges were leveled against him following a letter he wrote to the Chief Justice of the Supreme Court, Irene Mambilima, as well as articles he published in local print and online media in which he alleged corrupt practices within the judiciary. When he could not substantiate those claims in court, he was found guilty of contempt and received a penalty.

Press and Media Freedom: The government published two of the country’s four most widely circulated newspapers. One of the two privately owned newspapers opposed the ruling PF party, while the other supported it and the government. Opposition political parties and civil society organizations contended government-run media failed to report objectively. Although state media covered government-sponsored and nongovernmental events, coverage was not fair; state media failed to educate and inform citizens in an objective, balanced, and clear way, civil society organizations reported.

In addition to a multichannel government-controlled radio station that broadcasts nationwide, approximately 73 private and community radio stations broadcast. These radio stations experienced political pressure. Although some local private stations broadcast call-in and other talk programs on which diverse and critical viewpoints were expressed freely, media bodies claimed journalists who appeared on such programs received threats from senior government officials and politicians. Independent, private media outlets also often received threats from the government for providing airtime to the opposition. For example, ruling party officials threatened to have Sun FM’s Lusaka radio license application disqualified for broadcasting a November 2 interview with UPND leader, Hakainde Hichilema, who alleged that the government sold the Zambia Forestry and Forest Industries Corporation to Chinese business interests.

According to media watchdog organizations, independent media failed to operate freely due to restrictions imposed by government authorities. Police reportedly failed to follow up journalists’ assault cases, while some media houses were threatened with closure for unfavorable or lack of coverage of the president. On several occasions police used force to interrupt broadcasts. For example, on April 13, police stormed KFM radio in Mansa and stopped a radio program in which Chishimba Kambwili, who is both a PF MP and a consultant for the opposition National Democratic Congress (NDC) party, was on air during a local government by-election.

Violence and Harassment: The government stated it tolerated negative articles in newspapers and magazines, but there were numerous reports that showed government, ruling party, and some opposition officials and supporters harassed, threatened, and physically and verbally attacked journalists. For example, on January 27, during a cholera outbreak in Lusaka in which the president deployed military wings to clean up street vendors in Lusaka’s central business district, Michael Miyoba, a reporter from a private newspaper, was abducted and beaten by military officers. According to the Media Institute of Southern Africa (MISA) Zambia, the officers allegedly pulled his genitals as punishment to curtail media reports on their operations. In a case demonstrative of societal violence towards journalists, especially during election periods, on June 5, UPND cadres attacked seven journalists from various media houses, including The Mast, News Diggers, Radio Phoenix, and Prime Television, during the Chilanga parliamentary by-election.

Censorship or Content Restrictions: The government remained sensitive to media criticism and indirectly censored publications or penalized publishers. Numerous media watchdog organizations reported that the harassment and arrest of journalists, threats by the government to introduce punitive legislation against media personnel, restriction of their access to public places, and undue influence, among other restrictions, compromised media freedom and resulted in self-censorship.

Libel/Slander Laws: The government and individual public figures used laws against libel, slander, or defamation against critics to restrict public discussion. The government also often used sedition laws against those critical of the government. For example, on November 20, Copperbelt Province police issued a “warn and caution” statement to opposition UPND leader, Hakainde Hichilema, following his appearance in front of police for “investigations” related to his earlier discussion on live radio of a rumored sale of a parastatal firm. The statement charges that the leader’s discussion on live radio amounted to the offense of sedition. Although not officially charged, the statement required the suspect to acknowledge the nature of the allegation, and left open the possibility for arrest later.

INTERNET FREEDOM

Although access generally was not restricted and individuals and groups could freely express their views via the internet, the government threatened individuals using online fora with arrest and online media with closure. For example, on several occasions the government restricted access to antigovernment online publication Zambian Watchdog and other sites critical of the government. MISA Zambia reported that the government monitored internet communications without legal authority and sought to restrict social media content. On March 19, police in Mansa summoned Radio Mano station manager Crispin Ntalasha for a Facebook post, which was seen as an indication of state surveillance of private citizens on social media. Later in June media reported that Zambia Information and Communications Technology Agency (ZICTA) warned WhatsApp group administrators in Zambia to register with ZICTA or face arrest and prosecution for noncompliance.

According to the International Telecommunication Union, 27.8 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were reports of government restrictions on academic freedom and cultural events. For example, on September 29, Kenyan Professor Patrick Lumumba was denied entry into the country and returned to Kenya. Professor Lumumba was invited by Eden University, a Lusaka-based private university, to give a public lecture on the topic: “Africa in the age of Chinese influence and global geo dynamics.” According to Government Spokesperson Dora Siliya, Lumumba was denied entry due to “security considerations.”

Similarly, on October 27, University of Zambia (UNZA) management canceled a planned lecture by PF Bahati Constituency MP and presidential contender Harry Kalaba. Kalaba, a former foreign affairs minister, who has made his 2021 presidential aspirations clear, was, on October 30, scheduled to discuss “Africa’s relations with the rest of the world” at UNZA Great East Road Campus. The cancellation came in the wake of an “overwhelming response” from members of the public confirming to attend the lecture, according to organizers of the event.

The constitution provides for freedom of peaceful assembly; however, the government restricted this right, and police and progovernment groups disrupted meetings, rallies, and other activities of opposition political parties and civil society organizations. In dealing with demonstrators, police adopted heavy-handed practices such as surrounding the venue to prevent meetings from taking place, forcefully breaking up demonstrations, and arresting demonstrators.

The Public Order Act requires political parties and other groups to notify police in advance of any rallies but does not require formal approval or permit. In 1995 the Supreme Court declared provisions in the act that previously gave police the power to regulate assemblies, public meetings, or processions unconstitutional. The police, however, have continued to disregard this landmark ruling and continued to stop opposition and civil society groups from holding public gatherings. For example, on October 19, police in Ndola arrested a small group of civil society and church officials during a meeting and charged them with unlawful assembly. The meeting, which took place at the Ndola Central Baptist Church, was organized by the Center for Trade Policy and Development as a public discussion about the government’s 2019 national budget. Police justified the arrests on the premise the meeting had become “political” and the group had not notified them of the gathering.

Opposition political parties complained of selective application of the Public Order Act, noting police allowed ruling party gatherings without notification. Police also prevented opposition and civil society groups planning to protest government actions from gathering on the grounds that police received notifications too late, had insufficient staff to provide security, or the gathering would coincide with government events in the same province. For example, in the lead up to the July 26 Lusaka mayoral elections, police in the district of Kanyama blocked opposition UPND leader Hakainde Hichilema from holding a campaign rally in the area after the group had registered the event with the Electoral Commission, ostensibly because President Lungu would be visiting the area. Although police claimed inadequate staff to provide security for gatherings, police responded in force to disrupt opposition gatherings and often allowed ruling party supporters to disrupt them.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. While the government generally respected the right to freedom of association, it placed some limits on this right through various mechanisms. For example, although it generally went unenforced, the NGO Act requires all organizations to apply for registration to the registrar of societies. The registration process is stringent, long, and gives the registrar considerable discretion. The law also places restrictions on funding from foreign sources. For this reason donors, including some UN agencies, required all organizations to register under the NGO Act before receiving funding. According to the Southern African Center for the Constructive Resolution of Disputes, uncertainties surrounding the implementation of the NGO Act and NGO policy affected the operations of civil society organizations.

Despite these restrictions the government liberally allowed civil society organizations to hold meetings in which they criticized it. For example, on March 6, the Oasis Forum, an association of civil society organizations, hosted a public discussion in Lusaka on a topic critical of the government.

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Gender-based violence was a problem, and authorities failed to provide adequate physical protection. Violence against girls and women–including defilement, rape, marriages of girls under age 18, and prostitution–was a major problem affecting female asylum seekers and refugees in camps and among those residing independently, especially in urban areas. Gender inequality, economic dependence on men, and impunity of perpetrators were among the factors contributing to abuse.

In-country Movement: The government intermittently restricted freedom of internal movement. Although police generally used roadblocks to control criminal activity, enforce customs and immigration controls, check drivers’ documents, and inspect vehicles for safety compliance, there were reports police used such interventions to limit participation in political gatherings, especially during parliamentary and local government by-elections.

PROTECTION OF REFUGEES

Refoulement: On August 8, the government forcibly returned Tendai Biti, a Zimbabwean national and senior member of the opposition Movement for Democratic Change Alliance, to Zimbabwe. Biti fled to Zambia and applied for asylum at the Chirundu border post in the aftermath of the July 30 Zimbabwean general elections. Despite a High Court order and UNHCR interventions for his stay, immigration authorities detained him at the border and forcibly returned him to Zimbabwe on August 9. According to government officials, Biti’s application was denied because he was running away from a “legitimate” court process in Zimbabwe.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. According to UNHCR, although the law provides for the granting of asylum, it also gives the minister of home affairs wide discretion to deport refugees without appeal. The government was responsible for conducting refugee status determinations.

Freedom of Movement: Restrictions on the right to freedom of movement by refugees within the country include the requirement for a settlement-based refugee to obtain a 60-day gate pass from a refugee officer, specifying reasons for leaving the settlement. Refugees must also carry a valid refugee card or proof of registration as proof of identity. Additionally, the degraded road conditions to the refugee settlement areas severely limited access to markets for refugees seeking a sustainable livelihood.

Employment: The law requires refugees to obtain work permits before they can engage in employment, including self-employment activities. Issuance of employment permits is subject to normal immigration procedures, including the application of a government policy that requires the immigration department to ascertain that there is no Zambian national that can perform the job.

Access to Basic Services: Although the government provided basic services, including housing and limited health-care services to refugees, the law does not accord equal access to education. The government, however, provided primary and secondary education in refugee settlements. Secondary school for refugees living in urban areas was also allowed but required a study permit and the payment of school fees.

Refugees were required to obtain government permission to move or live outside refugee camps, which was frequently granted on a temporary basis. Government policy limited refugees’ legal employment options to refugee camps, unless refugees obtained specific government authorization to work outside camps.

Durable Solutions: The government promoted the safe, voluntary return, resettlement, and local integration of refugees and stateless persons. During the year the Ministry of Home Affairs reported that the government issued residence permits to over 3,000 Angolan and Rwandan refugees and offered them land in an ongoing local integration program. A further 4,000 refugees were resettled and offered naturalization. Financial and procedural challenges, however, constrained the full integration of naturalized Angolan and Rwandan former refugees. Delayed passport issuance for both Angolans and Rwandans by their respective nations’ diplomatic and consular representatives in the country and their authorities in their capitals also kept several thousand in legal limbo.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees, and the recognition rate of asylum claims was high. The recourse for those rejected was appeal to the Ministry of Home Affairs. For example, in August the government provided temporary protection to Soriano Katumbi, a Congolese politician reportedly fleeing political persecution from progovernment militia in the Democratic Republic of the Congo (DRC).

Provincial and district joint operations committees are responsible for establishing the identity of asylum seekers and their reasons for leaving their country of origin. According to the Department of Immigration, the government intercepted several groups from the Horn of Africa and other parts of Africa at the border and within the country. UNHCR interceded with the director of immigration to prevent forced deportations. The last instance of forced removal occurred in 2015 involving the deportation of two Rwandan refugees by the minister of home affairs. In August the High Court quashed the deportation of the two and declared it invalid.

STATELESS PERSONS

According to UNHCR the country has no provision for maintaining statistical information regarding stateless persons. The Ministry of Home Affairs reported there was a relatively small number of undocumented habitual residents–mainly hunters and gatherers–who have since been integrated into local rural communities following the destruction of their natural habitat due to development activities. The government is in the process of issuing them with national identity documents. UNHCR reported one case of a stateless person claiming to be South African who arrived from the DRC in 1997. The South African High Commission in Zambia refused to issue the person a passport because it could not ascertain his claim to citizenship. Subsequently, immigration authorities detained the person on several occasions for lack of documentation because his stay in the country was not yet regularized.

The constitution provides for freedoms of expression and of the media, but the law limits these freedoms in the “interest of defense, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.” The government continued to arrest, detain, and harass critics, and journalists practiced self-censorship.

Freedom of Expression: There were no official restrictions on individuals criticizing criticize the government or on the discussion of matters of general public interest. Authorities, however, remained sensitive to criticism in general, particularly when directed at President Mnangagwa. Persons accused of insulting the president and his office are charged under section 33 (2) (b) of the Criminal Law (Codification and Reform Act), undermining authority of or insulting a president, but this was contested in the Supreme Court on the basis that the section infringed on the right to freedom of expression. The court did not make a final determination on its constitutionality, however, and the law remains in force. On October 26, police cited the law to arrest Wisdom Mkhwananzi after he gave testimony at a commission of inquiry hearing in Bulawayo accusing President Mnangagwa of complicity in the government’s killing of more than 20,000 people in the 1980s known locally as “Gukurahundi.”

On September 29, police arrested Norman Machipisa after he reportedly said President Emmerson Mnangagwa was incapable of running the country. He was charged with contravening section 41(b) of the Criminal Law (Codification and Reform Act) for disorderly conduct. Harare Magistrate Learnmore Mapiye released him on $20 bail and remanded him until October 11. On August 21, police arrested Munyaradzi Shoko and charged him with criminal nuisance for allegedly posting offensive statements on Facebook concerning President Mnangagwa. On August 23, police withdrew charges against Shoko.

Press and Media Freedom: Independent newspapers and commercial radio stations were active and expressed a wide variety of views, although with some restrictions. State-sponsored media, however, were the most prevalent. The Ministry of Media, Information, Publicity, and Broadcasting Services exercised control over state-run media.

Independent newspapers continued to operate freely, although journalists reported practicing self-censorship. Police and journalist unions regularly met in an effort to promote a safe working environment.

On August 3, riot police briefly stopped a press conference where MDC Alliance leader Nelson Chamisa planned to speak on alleged election rigging in the aftermath of the July 30 polls. Broadcasting and Media Services Minister Simon Khaya Moyo intervened, and police departed the venue, after which the press conference proceeded.

The government used accreditation laws to monitor international media journalists’ entry into the country. The government required foreign journalists to obtain permits 60 days before travelling to the country in order to report from the country.

Foreign reporters paid more for permits and accreditation than did their local counterparts. The Zimbabwe Media Commission charged $200 for a foreigner’s 60-day accreditation while local journalists paid $10 for a one-year accreditation. ZEC charged journalists covering the July 30 election an additional $50 fee for further accreditation to election-related events and facilities.

On September 5, media reported government authorities denied a passport application for freelance journalist Violet Gonda. Gonda lived in exile for nearly 15 years, and returned to the country in the aftermath of the 2017 military intervention ending President Robert Mugabe’s rule. Officials at the Registrar General’s office stated they could not process her passport for reasons dating back to 2002 when she worked for London-based SW Radio Africa. Her appeal remained pending at year’s end.

Most international media outlets such as CNN, al-Jazeera, and the BBC continued to operate in the country.

Radio remained the principal medium of public communication, particularly for the rural majority. All urban commercial radio stations licensed in 2015 were operating during the year. Despite their perceived allegiance to ZANU-PF, these stations included independent voices in their programming. The government did not license any community radio stations during the year.

The government-controlled Zimbabwe Broadcasting Corporation–the country’s only domestically based television-broadcasting station–operated one television channel. International satellite television broadcasts were available through private firms but were too expensive for most citizens.

During the year the Broadcasting Authority of Zimbabwe (BAZ) granted three broadcasting licenses, including a content distribution license to the government-controlled Zimbabwe Newspapers Private Limited, and video on demand licenses (dealing with internet video content) to Econet Wireless (operating Kwese TV) and Tel One. On September 7, the BAZ awarded independent media house AMH an online television and radio license.

Violence and Harassment: Security forces, officials, and supporters from the major political parties routinely harassed journalists. On September 4, the Media Institute of Southern Africa (MISA) condemned what it stated was the systematic “censorship, banning, or expulsion of journalists from public events.” It stated that the trend was against the letter and spirit of media freedoms as espoused in the country’s constitution.

On April 30, police arrested and detained Gift Phiri, an editor with the Daily News, after he was seen taking pictures of a ZANU-PF meeting with party polling agents. He was charged with one count of criminal trespassing. Phiri was later released after paying a fine.

On May 24, Deputy Minister of Justice Terrence Mukupe assaulted NewsDay journalist Blessed Mhlanga and his wife during a live radio program. Mhlanga had released a video recording of an internal ZANU-PF meeting in which Mukupe said the military would not recognize opposition candidate Nelson Chamisa as president if he won the July 30 election. When Mhlanga went to police to file a complaint regarding the assault, he learned Mukupe already had made a statement accusing him as the aggressor.

On May 14, MDC Alliance supporters manhandled Tawanda Mudimu, a photographer with state media outlet The Herald, while he covered demonstrations at the party’s headquarters in Harare. According to the MISA-Zimbabwe chapter, MDC Alliance supporters allegedly assaulted Mudimu and demanded he delete the pictures he had taken during opposition demonstrations.

Censorship or Content Restrictions: The government maintained censorship through media registration and accreditation laws, although many provisions of the law are inconsistent with the constitution. The law provides the government with extensive powers to control media and suppress free speech by requiring the registration of journalists and prohibiting the “abuse of free expression.” Government-controlled media practiced self-censorship and bias in favor of the ruling party.

Libel/Slander Laws: The Constitutional Court ruled the constitution outlaws criminal defamation. Civil defamation laws remained in force.

Newspapers exercised self-censorship due to government intimidation and the prospect of prosecution under civil libel laws.

National Security: The law grants the government a wide range of legal powers to prosecute persons for political and security crimes that are not clearly defined. For example, the extremely broad Official Secrets Act criminalizes the divulging of any information acquired by government employees in the course of official duties. Authorities used these laws to restrict publication of information critical of government policies or public officials.

INTERNET FREEDOM

The law permits the government to monitor all communications in the country, including internet transmissions. Internet and mobile phone communication in the country was widely available. The government, however, regulated internet and mobile phone communication to curb dissent and increased its share of the information and communications technology market and international gateways. The government regularly monitored and interfered with use of social media.

On June 18, the ZPCS summoned prison officer John Mahlabera to a disciplinary hearing for a tweet perceived to be supportive of MDC Alliance President Nelson Chamisa. The prison authorities said Mahlabera’s actions showed disloyalty to President Mnangagwa.

The Interception of Communications Act (ICA) along with the Postal and Telecommunications (Subscriber Registration) Regulations, 2014 (SI 95 of 2014) facilitated eavesdropping and call interception. Under ICA law enforcement officers may apply to the responsible minister for a warrant authorizing law enforcement to intercept communications, including calls, emails, and messages. Using the statutory instrument, officers may apply for interception warrants if they know the identities of individuals whose calls and messages they want to intercept.

According to the International Telecommunication Union, 27.1 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government did not restrict academic freedom during the year, however the country’s laws restricted the independence of universities, subjecting them to government influence and providing disciplinary powers over staff and students to university authorities. The country’s president is the chancellor of all eight state-run universities and appoints their vice chancellors. The government has oversight of higher education policy at public universities, and ZANU-PF controls the Ministry of Higher and Tertiary Education.

The Censorship and Entertainment Controls Board approves scripts by playwrights. Artists who violated provisions of the Censorship and Entertainment Control Act (CECA) received fines and prison sentences. On May 10, Harare Magistrate Josephine Sande ordered musician Tawanda Mumanyi to pay a fine of $100 or stay one month in prison for recording a song deemed “obscene and indecent.” Authorities convicted Mumanyi of contravening CECA for the “Kurova Hohwa” song’s sexually suggestive lyrics.

The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The government restricted freedoms of peaceful assembly, association, or both. The Public Order and Security Act (POSA) requires organizers to notify police of their intention to hold a public gathering–defined as 15 or more individuals–seven days in advance. Failure to do so may result in criminal prosecution as well as civil liability. The law also allows police to prohibit a gathering based on security concerns but requires police to file an affidavit in a magistrate’s court stating the reasons behind the denial. The government enacted POSA after a demonstration resulted in security forces killing six opposition protestors on August 1. A seventh individual died from injuries related to the protests.

Although many groups did not seek permits, other groups informed police of their planned events, and police either denied permission or gave no response. The MDC Alliance accused police of using the cholera epidemic in Harare as an excuse to ban large public assemblies to prevent an MDC Alliance rally on September 15. Media reported that from September 16-22 police forcibly removed vendors who refused to comply with orders related to the cholera outbreak to vacate their stalls in the Harare CBD. On October 11, police arrested Peter Mutasa, president of the Zimbabwe Congress of Trade Unions (ZCTU), and 35 trade unionists in Harare and other major city centers as they awaited a court decision to overturn the ban on their planned demonstration against the government’s 2 percent tax on electronic transfers. Police had previously denied ZCTU’s request for a permit, and a Harare magistrate dismissed ZCTU’s challenge to the police ban on October 12.

Authorities often denied requests by civil society, trade unions, religious groups, or political parties other than ZANU-PF to hold public events if the agenda conflicted with government policy positions. There were several reports of political rallies interrupted by opposing political parties.

On February 26, police used tear gas and water cannons to disperse dozens of National University of Science and Technology students protesting continued strikes by lecturers. Police dogs injured eight students, while police arrested 61 students. A local NGO reported 15 students sought medical treatment after this incident.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the government restricted this right. Although the government did not restrict the formation of political parties or unions, ZANU-PF supporters, sometimes with government support or acquiescence, intimidated and harassed members of organizations perceived to be associated with other political parties. For example, a local NGO reported that on July 25, a local councilor in Mbire threatened to have community members beaten and their homes burnt down if they voted for opposition political parties. Local NGOs provided multiple reports similar to this one.

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted these rights. The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing assistance to refugees, asylum seekers, stateless persons, and other persons of concern at Tongogara refugee camp, but it interfered with some humanitarian efforts directed at internally displaced persons. The Registrar General continues to delay implementing a joint statelessness study as part of UNHCR’s campaign to end statelessness by 2024.

Abuse of Migrants, Refugees, and Stateless Persons: Security forces detained irregular migrants in prisons with convicted criminals. Prolonged detention for migrants was common. Migrants complained of mistreatment by other prisoners. The government sometimes worked with international organizations to assist the voluntary repatriation of migrants, primarily Mozambicans settled on the border between the countries.

In-country Movement: Police interrupted freedom of movement with checkpoints less frequently than in 2017 but continued to operate regular checkpoints nationwide along most major routes.

Foreign Travel: The constitution provides the right for citizens to enter and leave the country and the right to a passport or other travel documents. The Office of the Registrar General imposed administrative obstacles in the passport application process for citizens entitled to dual citizenship, particularly Malawian, Zambian, and Mozambican citizenship. Despite high-profile cases in which courts confirmed the rights of Zimbabweans to hold dual citizenship, many poorer citizens could not afford the legal costs of appealing passport and other travel document denials.

Many citizens left the country to settle in other countries. In search of employment, young Zimbabweans routinely settled in South Africa and Botswana. Although South Africa and Botswana repatriated hundreds of them each year, the majority eventually found their way back to these countries. The majority of white citizens who lost their farms beginning in 2000 continued to move to other countries. Zambia, Mozambique, Namibia, and South Africa continued to support white Zimbabwean former farmers by making land available at concessionary rates.

Exile: The constitution prohibits expulsion from the country for all citizens. A number of persons, including former government officials, prominent businessmen, human rights activists, opposition party members, and human rights lawyers, left the country and remained in self-imposed exile due to fear of persecution.

Citizenship: The constitution provides for three different classes of citizenship: by birth, by descent, or by registration. The government deprived some sections of the population of citizenship rights based on the law, which revokes the citizenship of persons who fail to return to the country in any five-year period.

Despite a constitutional provision of citizenship and having voted previously, some persons were denied the right to vote during the July 30 elections because they could not adequately demonstrate their citizenship. An amendment to the Citizenship Act, which would align the law with the 2013 constitution and allow dual citizenship, remained pending in parliament at year’s end. Independent groups estimated that as many as two million citizens might have been disenfranchised, including those perceived to have opposition leanings, such as the more than 200,000 former commercial farm workers from neighboring countries and approximately 30,000 mostly white dual nationals. During the year citizens had to sue the government to assert dual citizenship rights. Poor citizens who could not afford the costs of litigation remained disadvantaged.

INTERNALLY DISPLACED PERSONS (IDPS)

According to international organizations, approximately 113,000 households were displaced and more than 250 groups of identified IDPs lived throughout the country. The primary causes of displacement were rural evictions (45.7 percent), natural disasters (27.7 percent), localized conflict (13.3 percent), and urban evictions (13.1 percent). The most significant historical events that created internal displacement included state-sponsored election-related violence, land reform, and Operation Murambatsvina (the government’s eviction of citizens from nonfarming areas in 2005). According to one NGO, Operation Murambatsvina resulted in the destruction of homes and livelihoods affecting an estimated 700,000 persons. Until 2009 the government denied the existence of any IDPs.

In 2014 approximately 15,000 persons were displaced from the vicinity of the Tokwe-Mukosi dam in Masvingo Province. Other recent documented displacements were from disputed farming areas. At year’s end several thousand households in disputed farming areas were at risk of displacement due to verifiable threats or eviction notices. Most of the persons displaced had resided on their land for years without formal offer letters or title deeds. The government provided no resettlement assistance to evicted families and depended primarily on international organizations to do so.

IDPs from previous years remained in near-emergency conditions, with an overwhelming majority living without basic sanitation. IDPs were among the populations at greatest risk of food insecurity. In addition to improved living conditions, IDPs required regularization of their status. Without needing any official documentation, several generations of farm workers originally from neighboring countries previously resided in insular commercial farming communities. With the eviction of farm owners, these farm workers were forced to adjacent communal lands and left without employment as well as health and education services.

Contractors and NGOs independent of the government that carried out food security and other assessments faced challenges in accessing certain rural districts. In isolated cases local authorities advised organizations against traveling to farms involved in ownership disputes, where aid workers might be at risk.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to UNHCR, the country hosted approximately 20,177 refugees and asylum seekers during the year. As of July 31, 13,356 were registered and 58 percent were granted refugee status. The Tongogara refugee camp hosted approximately 12,100 refugees and asylum seekers, with an estimated 100 arrivals each month, primarily from the Democratic Republic of the Congo, Mozambique, and Burundi.

Freedom of Movement: The government maintained a formal encampment policy requiring refugees to live at the Tongogara refugee camp. Nevertheless, at year’s end more than 943 refugees lived in urban areas, including Harare and Bulawayo, and more than 6,546 Mozambican asylum seekers lived among host communities along the border with Mozambique.

Employment: Refugees in the informal sector had limited employment options due to the encampment policy requiring all refugees to reside in the Tongogara refugee camp. UNHCR partners continued to monitor and explore livestock production for livelihood activities in the camp.

Durable Solutions: While the government did not accept refugees from foreign countries for resettlement, it facilitated the voluntary repatriation of refugees to their home countries by recognizing the Voluntary Repatriation Declaration Form as a valid document for travel purposes. The government also allowed Rwandan refugees, who lost prima facie refugee status following implementation of the 2013 Rwandan cessation clause, to remain in the country pending final arrangements by the government. Additionally, the Office of the Commissioner for Refugees stated that Rwandans with Zimbabwean spouses would be permitted to regularize their stay in the country. Many refugees were unwilling to return to their home countries voluntarily, and resettlement remained the only viable solution for many of them.