There clearly is a new protest political movement emerging in Zimbabwe being propelled substantially by social media. Where this
continues in the long term ( if not suppressed ), and where claimants associated with such movements seek protection in the UK, then current rigid UK asylum country guidance caselaw, CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC), becomes increasingly redundant.
The current question is whether the Home Office together with the Tribunal understand the true nature and extent of the new movement and how it impacts upon claimant’s cases upon application or appeal. Simply put, are they “getting it ”? If not and where the guidance in CM obscures consideration of claims from persons associated with such movements, then there is an inevitable adverse impact upon considerations of risk on return and entitlement to protection for affected claimants.
A glimpse of some articles below explain the nature of the movement(s):
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New Zimbabwe law allows seizure of smartphones and laptops as Mugabe turns on social media, http://www.telegraph.co.uk/news/2016/08/07/new-zimbabwe-law-allows-seizure-of-smartphones-and-laptops-as-mu/
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How a Hashtag Is Fighting a Climate of Fear in Zimbabwe- http://time.com/4445371/this-flag-zimbabwe/?xid=linkedinshare
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#Zimshutdown2016 and the new protest politics taking root in Zimbabwe, https://www.theguardian.com/world/2016/jul/08/zimshutdown2016-and-the-new-protest-politics-taking-root-in-zimbabwe
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‘You cannot shoot a hashtag’, http://www.timeslive.co.za/africa/2016/07/26/You-cannot-shoot-a-hashtag
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Zimbabwe: Tajamuka campaign to file application to probe Mugabe’s capacity to rule nation, http://www.ibtimes.co.uk/zimbabwe-tajamuka-campaign-file-application-probe-mugabes-capacity-rule-nation-1573161
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Police Arrest 17 Occupy Africa Unity Square Activists, http://www.voazimbabwe.com/a/zimbabwe-politics-occupy-africa-unity-square/3369472.html
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From tweets to streets, Zimbabwe social media anger erupts into anti-Mugabe protests, http://www.reuters.com/article/us-zimbabwe-protests-idUSKCN0ZN1E3
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#ThisFlag protest rattles under-fire Mugabe henchmen-, http://www.thestandard.co.zw/2016/05/22/thisflag-protest-rattles-fire-mugabe-henchmen/
I dealt recently with a Zimbabwean asylum claimant associated with one such movement and from initial consideration of his application by the Home Office to adjudication of his appeal in the First Tier Tribunal, there was not only a complete misunderstanding of the nature of the movement he was involved with but also a failure to appreciate whether he would be at risk on return to Zimbabwe. Relevant supportive background evidence was either not taken into account or misapplied. The First Tier Judge in his decision expressly admitted having no idea what the relevance of being involved with such a movement meant as regards issues of risk on return. On permission to appeal being granted, the Upper Tribunal Judge re-made the decision but that did not take matters further having regard to CM inevitably drawing the Judge to the guidance in that caselaw. Clearly, the guidance in CM is largely inapplicable and unsuited to claimants associated with the new movement(s) seeking protection in the UK.
The Home Office and the Tribunal need to appreciate that it is now no longer simply just about being a member of the MDC and having a political profile associated with said party, nor just about war veterans and militia bashing the opposition.
Some new country guidance caselaw may be in order in an appropriate case if the current Zimbabwean regime remains in power and if the current movement continues.