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Zimbabwe

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were two reported incidents of the government or its agents committing arbitrary or unlawful killings. On August 1, the military killed six unarmed protestors when it responded to an opposition-led election related demonstration in Harare’s central business district (CBD). A seventh individual died from injuries related to the protests. The Zimbabwe Republic Police (ZRP) killed two civilians on February 22 while enforcing a ban on vendors and unlicensed taxi drivers in the CBD. Security-sector forces participated in political violence in the post-election period during the month of August. Security-sector impunity for politically motivated abuses remained a problem.

Impunity for past politically motivated violence also remained a problem. Investigations continued of prior years’ cases of violence resulting in death committed by security forces and ZANU-PF supporters, but by year’s end there were no arrests or charges in these cases.

Unwillingness to acknowledge past atrocities or seek justice for victims continued to affect relations between the Shona and Ndebele ethnic groups negatively.

b. Disappearance

There were no reports of long-term disappearances by or on behalf of government authorities.

The High Court ordered the government to provide updates on the 2015 disappearance of democracy activist Itai Dzamara, but government officials failed to do so. There were no reports of authorities punishing any perpetrators of previous acts of disappearance.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, although other sections of the law effectively weakened these prohibitions. The government enforced security laws in conflict with the constitution. Security forces arbitrarily arrested and detained persons, particularly political and civil society activists and journalists perceived as opposing the government. Security forces frequently arrested large numbers of persons during antigovernment protests.

ROLE OF THE POLICE AND SECURITY APPARATUS

The constitution provides for a National Security Council (NSC) composed of the president, vice president, and selected ministers and members of the security services. The NSC never met, however. Instead, the Joint Operations Command, an informal administrative body, discharged the functions of the NSC at national, provincial, and district levels. All security-sector chiefs reported directly to the president, who is the commander in chief of all security services.

The ZRP is responsible for maintaining internal law and order. The Department of Immigration and the ZRP, both under the Ministry of Home Affairs, are primarily responsible for migration and border enforcement. Although the ZRP is officially under the authority of the Ministry of Home Affairs, the Office of the President directed some ZRP roles and missions in response to civil unrest. The Zimbabwe National Army and Air Force constitute the Zimbabwe Defense Forces under the Ministry of Defense. The armed forces are responsible for external security, but the government sometimes deployed them as a back-up to police as a show of force. The Central Intelligence Organization, under the Office of the Vice President, is responsible for internal and external security.

The military-assisted government transition in November 2017 weakened the ZRP as an institution. In January the government forcibly retired 11 senior ZRP officials and reassigned dozens more in March.

Civilian authorities at times did not maintain effective control over the security forces, neither did the government have effective mechanisms to investigate and punish abuse. There were reports of impunity involving the security forces during the year. For example, the government has not held accountable the ZRP officers who killed two civilians during a protest in Harare on February 22. Likewise, the government has not established an independent complaints mechanism to investigate allegations of security force misconduct as called for in the constitution.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law stipulates that arrests require a warrant issued by a court or senior police officer and that police inform an arrested person of the charges before taking the individual into custody. Police did not always respect these rights. The law requires authorities to inform a person at the time of arrest of the reason for the arrest. A preliminary hearing must be held before a magistrate within 48 hours of an arrest. According to the constitution, only a competent court may extend the period of detention.

The law provides for bail for most accused persons. In 2015 the Constitutional Court declared section 121(3) of the Criminal Procedures and Evidence Act unconstitutional. According to human rights attorneys, it allowed prosecutors to veto bail decisions made by the courts and keep accused persons in custody for up to seven days based on the prosecution’s stated intent to appeal bail. Despite the Constitutional Court ruling against section 121(3), the government amended the law by including provisions that allow prosecutors a veto over judicial bail decisions. Prosecutors relied on the provisions to extend the detention of opposition political activists.

Authorities often did not allow detainees prompt or regular access to their lawyers and often informed lawyers who attempted to visit their clients that detainees or those with authority to grant access were unavailable. An indigent detainee may apply to the government for an attorney in criminal cases, but these requests only apply in capital cases. This occurred with cases involving opposition party members, civil society activists, and ordinary citizens.

The government also monitored, harassed, and intimidated human rights lawyers when they attempted to gain access to their clients.

On August 8, former finance minister and senior MDC Alliance official Tendai Biti was detained trying to flee Zimbabwe via Zambia and forcibly returned to Harare. The Zimbabwe Lawyers for Human Rights (ZLHR) claimed police denied Biti access to legal counsel. Biti was subsequently charged with inciting post-election violence and unlawfully announcing election results. On December 14, a magistrate dropped the incitement of violence charge. His trial for violating electoral law continued at year’s end. Additionally, ZLHR claimed police assaulted Biti’s lawyer and deliberately prevented him from accompanying Biti to Harare Central Police station on August 9.

Arbitrary Arrest: The government used arbitrary arrest and detention as tools of intimidation and harassment, especially against political activists, civil society members, journalists, and ordinary citizens asserting their rights. There were NGO and media reports that security forces arbitrarily arrested political and civil society activists and then released them without charge. On July 13, police arbitrarily arrested three MDC Alliance members when they attempted to observe postal voting at a police camp in Mutare citing trespassing and violation of the electoral act. A magistrate later declined to charge them. Similarly, prosecutors declined to charge three Zimbabwe Congress of Trade Unions (ZCTU) members in Gweru who police arrested for demonstrating against government economic measures on October 11.

The law absolves individual security agents from criminal liability regarding unlawful arrests and detention. Police officers routinely argued that they merely followed orders in conducting arrests and were not responsible for compensating victims of unlawful arrests. In April 2017, however, a High Court judge ruled that officials could be sued, especially if they acted unlawfully. The case related to the abduction and torture of human rights activist Jestina Mukoko, who was held incommunicado by state security officials for 21 days in 2008. On October 5, the High Court ordered the state to pay Mukoko $150,000 in damages.

Pretrial Detention: Prolonged pretrial detention was limited for nonpolitical prisoners. Delays in pretrial procedures were common, however, due to a shortage of magistrates and court interpreters, poor bureaucratic procedures, the low capacity of court officials, and a lack of resources. The constitution provides for the right to bail for detained suspects. Despite this provision, the government routinely opposed bail for political detainees.

Other prisoners remained in prison because they could not afford to pay bail, which remained exorbitant in view of economic conditions in the country. Magistrates rarely exercised the “free bail option” that authorizes them to waive bail for destitute prisoners. Lawyers reported juveniles usually spent more time in pretrial detention than did adults because they could not attend court unless a parent or guardian accompanied them. Authorities occasionally did not notify parents of a juvenile’s arrest or the closest kin of an adult detainee’s arrest.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit arbitrary or unlawful interference with privacy, family, or home, but local NGOs reported the government did not respect these prohibitions. Early in the year government officials pressured local chiefs and ZANU-PF loyalists to monitor and report on persons suspected of supporting political parties other than ZANU-PF. Through threats and intimidation, local chiefs and ZANU-PF loyalists also compelled individuals, mostly in rural areas, to contribute money toward ZANU-PF political rallies. On May 16, the High Court ruled that traditional leaders should not interfere in the political process. It further ordered the President of the Chiefs Council, Fortune Charumbira, to retract two statements insisting traditional leaders must support the ruling party in the July elections. Charumbira did not make the retractions and challenged the ruling in court.

Government entities manipulated the distribution of government-provided food aid, agricultural inputs, and access to other government assistance programs such as education assistance to exclude suspected political opposition supporters and to compel support for ZANU-PF. ZANU-PF supporters threatened to withhold food aid in constituencies such as Hurungwe, Murehwa, and Gokwe during the run-up to the July 30 elections. For example, Heal Zimbabwe Trust reported that village heads in Hurungwe Ward 9 told their villagers that government-provided maize seed would only be distributed to those citizens who proved they registered to vote and were members of ZANU-PF.

Shortly after President Mnangagwa took office, he announced the government would no longer forcibly displace persons from their homes. In February the government returned Lesbury Estate to tobacco farmer Robert Smart, who was forcibly evicted from his land in June 2017. According to local human rights and humanitarian NGOs, Lesbury Estate was the only land the government returned to its previous owner during the year.

According to the attorney general and Ministry of Lands, beginning in 2000 a description of every white-owned farm in the country was published in state media and the farms effectively became state property. According to the Commercial Farmers Union of Zimbabwe (CFU), after authorities published a description of the property, it was transferred to a politically connected individual at the first available opportunity.

CFU reported since 2000 titleholders who lost their homes or properties–where most of their life earnings were invested–were not compensated. As a result of evictions, there were scores of destitute elderly former farmers and former farm workers.

The government established the Zimbabwe Land Commission in 2015 as a mechanism for dispossessed farmers to claim compensation for seized lands. The CFU reported the commission had functioned as an arbiter in zoning disputes, but it had not provided compensation to any of its claimants.

Estimates by the CFU put the number of remaining white commercial farmers at fewer than 400, although the exact number was unknown. Those remaining continued to be targeted, harassed, and threatened with eviction by farm beneficiaries, unemployed youth, and individuals hired by those standing to benefit.

In January the government announced it would grant white farmers 99-year leases on their remaining land, but the CFU and other NGOs pointed out the leases do not constitute legal property rights that banks would accept as collateral for loans. CFU reports none of its members had received a 99-year lease, citing in part a cumbersome application process set by the Ministry of Lands and Resettlement.

In March 2017 officials purporting to represent the Ministry of Lands and Rural Resettlement and police arbitrarily demolished and burned the homes of approximately 200 families on Arnold Farm in Mashonaland Central, reportedly owned by former president Mugabe’s family. Farm residents obtained a High Court order to stop the evictions. Police allegedly told lawyers representing the farm residents that they were acting on the orders of their superiors but did not have a High Court order approving the evictions. Antiriot police ordered residents to leave the farm and destroyed property, attacking those who resisted. In August those who remained reported suspected ZANU-PF youth members trespassed on the property and damaged farming equipment before security guards chased them away.

The law permits the interception and monitoring of any communication (including telephone, postal mail, email, and internet traffic) in the course of transmission through a telecommunication, postal, or other system in the country. Civil liberties advocates claimed the government used the law to stifle freedom of speech and target political and civil society activists (see Section 2.a.).

Section 3. Freedom to Participate in the Political Process

Although the constitution provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot, this right was restricted. The political process continued to be heavily biased in favor of the ruling ZANU-PF party, which has dominated politics and government and manipulated electoral results since independence in 1980.

Elections and Political Participation

Recent Elections: Most international and local independent observers characterized the July 30 presidential, parliamentary, and local elections as largely free of violence but not meeting the mark for a free and fair election. Political parties and civil society organizations complained of widespread voter disenfranchisement, including of foreign-born and diaspora voters, and the inability to compete on a level playing field. State media coverage was heavily biased in favor of ZANU-PF and provided almost no access to or positive coverage of the opposition. There were reports of voter intimidation, including the collection of voter registration slips by party and tribal leaders in an attempt to undermine the secrecy of the vote. While the law obliges traditional chiefs to be impartial, in rural areas traditional leaders mobilized voters and canvassed support for ZANU-PF. In return traditional leaders continued to receive farms, vehicles, houses, and other benefits. Local NGOs also reported traditional leaders’ selective distribution of agricultural inputs and food aid to reward ZANU-PF supporters and punish opposition voters.

The credibility and independence of ZEC were called into question for allegedly being composed largely of personnel loyal to ZANU-PF. ZEC failed to release a finalized voter’s roll until after the nomination court announced on June 14 the 23 candidates to contest the presidency. The voter’s roll ZEC provided to the MDC Alliance and other opposition parties did not include biometric information and differed from the one used at polling stations on Election Day. ZEC allowed political party representatives a one-time viewing of the printing of presidential ballots but provided no transparency of their storage or transportation to polling stations prior to the election. Ballot papers were printed in an unbalanced layout with the names of 13 candidates in one column and nine in the next to allow Mnangagwa’s name to appear at the top of a column. On July 12, ZEC officials were present at Ross Police Camp in Bulawayo when police officers cast ballots in the presence of supervisors, but they did so without observation from opposition party polling agents in violation of the Electoral Act.

Voting on Election Day occurred peacefully, with a large voter turnout estimated at 85 percent. Most observers found ZEC-administered polling stations well run by competently trained officers. ZEC successfully accredited 1,209 foreign election observers and journalists in a timely and efficient manner. Some local observers, however, reported the accreditation process to be overly burdensome. On August 1, military personnel killed six unarmed protestors during an opposition-led election-related demonstration in Harare’s CBD. A seventh individual died from injuries related to the protests.

On August 3, ZEC released presidential election results, declaring incumbent President Emmerson Mnangagwa the winner with 50.8 percent of the vote. Within 24 hours, ZEC provided polling station level results on CD-ROMs to stakeholders. Statistical analysis by citizen observers found ZEC’s announced presidential results to be within a credible statistical range, although the margin of error indicated a presidential runoff election was also within that range. Leading opposition candidate Nelson Chamisa challenged ZEC’s declaration of Mnangagwa as the winner. ZEC later revised Mnangagwa’s percentage of the vote to 50.6 percent in response to Chamisa’s legal challenge.

On August 22, the Constitutional Court held a hearing to review the challenge to the announced presidential election results. The court denied permits to allow four South African members of Chamisa’s legal team to argue the case. On August 24, the court unanimously determined the petition did not meet the required evidentiary standards. It declared Mnangagwa the winner of the presidential election and ruled that the petitioners had to pay the court costs of the other parties to the case.

On August 26, the chief justice inaugurated Mnangagwa. The ZANU-PF party won an exact two-thirds majority in the 270 member National Assembly but failed to garner a two-thirds majority in the 80-member Senate. The Southern African Development Community, the African Union, and the Common Market for Southern and Eastern Africa declared the election free and fair.

Political Parties and Political Participation: An unprecedented number of presidential candidates (23) and political parties (55) contested the July 30 elections. Despite this opening of political space, elements within ZANU-PF and the security forces intimidated and committed abuses against other parties and their supporters and obstructed their activities. Local NGOs reported ZANU-PF youth members and war veterans threatened communities with violence if ZANU-PF candidates lost in the elections. In July police arrested ZANU-PF supporters for allegedly threatening to burn the house of United African National Council parliamentary candidate Silver Chiripanyanga in Mashonaland East province. Local NGOs also reported dozens of instances of ZANU-PF supporters removing opposition and independent parties’ campaign signs and materials in wards throughout the country. In June Build Zimbabwe Alliance party leaders posted photos of campaign posters allegedly torn by ZANU-PF supporters in Gweru.

Members of the opposition MDC Alliance also carried out acts of intimidation and committed abuses, although at a much lower rate than did ZANU-PF supporters. MDC Alliance supporters of two rival primary candidates assaulted each other in the Harare suburb of Epworth on June 2. On March 4, supporters of MDC Alliance leader Nelson Chamisa assaulted supporters of Movement for Democratic Change-Tsvangirai (MDC-T) Vice President Thokozani Khupe at a party meeting in Bulawayo.

The constitution provides specific political rights for all citizens. Laws, however, are not fully consistent with the constitution and allow discrimination in voter registration to continue. For example, on May 30, the Constitutional Court ruled against amending the Electoral Act to allow up to five million members of the Zimbabwean diaspora to vote from abroad. The court, however, allowed Zimbabweans with dual citizenship to register to vote provided they presented certain identification documents.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did fully participate as voters and candidates. Women remained largely underrepresented in local and national political offices, and men overwhelmingly held most senior positions in the public sector. Female candidates faced particularly vitriolic gender-based insults regarding appearance, sexual proclivity, and other gender-based stereotypes and faced challenges within their party if running against a male candidate in a primary. Several female candidates from the MDC Alliance reported some inside the party leadership required women to have sex with them in order for their names to appear on the party candidate list. Those who refused found their names left off the list.

Some observers believed that traditional and cultural factors limited the participation of women. Following the July 30 elections, women filled six of 21 cabinet minister positions, an increase from 2013, but well below their 52 percent share of the population and well below the equal representation required by the constitution. Women headed the Ministry of Defense and War Veterans and the Ministry of Youth, Sport, Arts, and Recreation for the first time in the country’s history. Women held six of 12 minister of state positions and six of 13 deputy minister positions. Women made up 31 percent of the National Assembly and Senate, down from 34 percent in 2013. On September 12, the Senate elected a woman as president. In accordance with the constitution, female members of parliament filled all 60 seats reserved for women in the National Assembly. At the local government level, women held approximately 19 percent of councilor positions nationwide.

Four female presidential candidates competed in the July 30 election: former vice president Joice Mujuru of the People’s Rainbow Coalition, former deputy prime minister Thokozani Khupe of the MDC-T, Melbah Dzapasi of the #1980 Freedom Movement Zimbabwe, and Violet Mariyacha of United Democratic Movement. NGOs noted that young women were mostly excluded from decision-making structures and processes in all political parties.

The law permits blind persons to have an individual with them to assist them in marking their ballots. The National Association of Societies for the Care of the Handicapped (NASCOH) helped provide for handicapped accessibility at polling stations throughout Harare, Bulawayo, Gweru, Kwekwe, and Mutare during the July elections. The Zimbabwe Election Support Network (ZESN) found 97 percent of observed polling stations made adequate accommodations for persons with disabilities, the elderly, and pregnant or nursing women. Polling officials permitted persons who requested assistance–including blind, illiterate, and elderly persons–to have an individual with them to mark their ballots as the electoral law requires. According to ZESN, 45 percent of polling stations had at least 26 assisted voters.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Such groups were subject to government restrictions, interference, monitoring, confiscation of materials and documentation, and other forms of harassment. Major domestic NGOs included the Zimbabwe Human Rights NGO Forum, ZESN, Election Resource Center, ZLHR, Zimbabwe Peace Project, ZimRights, Heal Zimbabwe Trust, Women’s Coalition, and Women and Men of Zimbabwe Arise.

The government harassed NGOs it believed would expose abuses by government personnel or that opposed government policies, and it continued to use government-controlled media to disparage and attack human rights groups. State media reporting typically dismissed the efforts and recommendations of NGOs critical of government, accusing the NGOs of seeking regime change.

Government Human Rights Bodies: The ZHRC remained underfunded but managed to fulfill some of its constitutionally mandated functions. The ZHRC conducted public outreach throughout the country. Through its website, a hotline, social media platforms, and mobile legal clinics, the ZHRC’s human rights officers conducted public outreach throughout the country and accepted complaints from the public for investigation. The ZHRC, however, did not have sufficient personnel to investigate the number of complaints it received.

In August the ZHRC issued a statement condemning post-election violence, including the August 1 killings of six protestors by security forces, and criticizing the army for attacking civilians. A seventh individual died from injuries related to the protests. The statement called upon all political leaders to encourage their followers to respect the political rights and opinions of others and to stop politically motivated human rights violations.

The government did not overtly attempt to obstruct the ZHRC’s work or deliberately withhold resources based on the commission’s criticism of the government or security services’ actions.

The establishment of the constitutionally mandated National Peace and Reconciliation Commission (NPRC) remained ongoing. In January President Mnangagwa signed the National Peace and Reconciliation Commission Bill into law to operationalize the commission, whose commissioners were appointed in 2016. The commission consists of nine members who do not yet have staff or offices, although the government has purchased a building to house the commission that was scheduled to be ready for use by year’s end.

The NPRC conducted nationwide stakeholder engagements beginning in February to solicit input from the public and determine its first areas of focus. The NPRC finalized a national strategy document outlining its plans and publically released it in October in a ceremony featuring the vice president and various civil society stakeholders.

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