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Does the new country Information Note make it that much more difficult for Zimbabwean asylum claimants to succeed in their protection claims?

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The Home Office has published a new Note, Country Policy and Information Note Zimbabwe: Opposition to government Version 5.0 September 2021, www.assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1018765/ZWE_CPIN_Opposition_to_the_government.pdf

In summary, the following can be gathered from the 59page document:

WHO CARRIES OUT HUMAN RIGHTS VIOLATIONS IN ZIMBABWE? – carried out by state agents (police and army) and state proxies (ZANU-PF)

MDC-A AND MDC-T FACTIONS: The ruling party created the surrogate opposition MDC-T to disturb the MDC-Alliance

The main opposition political party, the Movement for Democratic Change (MDC) has undergone a series of internal splits which began before the death of its leader Morgan Tsvangirai (in February 2018) and which continued after his death. The 2 current factions, the MDC-A and MDC-T, have engaged in infighting – Para 2.4.2

On 7 January 2021, The Africa Report, describing itself as ‘one of the leading news organisations on the continent’48 (published by Jeune Afrique Media Group) set out the consequences of the factional dispute for the MDC:

While the year 2020 will undoubtedly play an integral part in history – bringing the world to a halt as a result of the pandemic – Zimbabwe’s politics will go down as an historic year for the Movement for Democratic Change, once a united front, now split into two: MDC-Alliance led by Nelson Chamisa, and MDC-T, led initially by Thokozani Khupe and now by Douglas Mwonzora………….

‘The opposition is clearly facing a serious challenge from an authoritarian regime, the ruling party Zanu-PF, that hopes to crush and fragment the opposition, inevitably destroying multi-party democracy in Zimbabwe, says UK-based Zimbabwean political analyst Alex Magaisa.

‘“The ruling party created the surrogate opposition MDC-T to essentially disturb the MDC-Alliance. It is not a fight between factions in the opposition, but a fight by the ruling party against the opposition to dismantle it and move towards a one-party regime,” Magaisa tells The Africa Report…

Thabitha Khumalo, MDC-Alliance national chairperson, describes events that affected the opposition party in 2020 as the death of democracy in Zimbabwe. Zanu-PF found a willing partner in the MDC-T to destroy the bigger objective of the opposition in favour of individuals who were open to benefitting from such a system.

‘Khumalo says: “The MDC is working with the ruling party to stifle democracy in the country. Zanu-PF is motivated to dismantle the opposition, for them they would rather have a one- party state and they have found a willing partner through the MDC-T.”’-  Para 11.1.4

WHO IS AT RISK OF PERSECUTION? -MDC supporters, teachers, health professionals, journalists, students, lawyers and civil society activists

DECLINE IN HUMAN RIGHTS SITUATION -decline in human rights situation under Emmerson Mnangagwa’s presidency

LEVELS OF HUMAN RIGHTS VIOLATIONS-  no “very strong grounds supported by cogent evidence’ to depart from existing country guidance of CM(Zimbabwe)

PROTESTS- the majority of protests were peaceful and no cases recorded excessive use of force against protesters in recent years

While some protests were organised by the MDC, or had the party’s support, protests were also organised by other groups or organisations – Para 12.1.1

Mid-year data for 2021 has not been included in the graph. For the 6-month period between 1 January 2021 and 30 June 2021, a total of 16 protests were recorded by ACLED. This is less than a third of the total number of protests recorded in 2019 (52) and 2020 (52). Of the 16 protests, 13 were peaceful, 3 involved an intervention and there were no instances of excessive force being used against protesters- Para 9.3.4

A CPIT review of the graph, together with the mid-year 2021 figures, indicates several points:

In July 2021, the FCDO’s annual report (covering the events of 2020) stated: ‘In July [2020], authorities took pre-emptive and heavy-handed action to prevent large-scale protests. These were fuelled by growing frustration following corruption scandals, imploding healthcare provision, and the collapsing economy. The authorities detained opposition politicians and journalists for encouraging participation in such protests, and cases against journalist Hopewell Chin’ono, and opposition politicians Job Sikhala and Jacob Ngarivhume, were continuing at the end of the year. The Government continued to use the legal system to silence critics, suppress opposition and discourage protest.’- Para 12.1.9

On 24 July 2020 the UN Office of the High Commissioner for Human Rights (OHCHR) issued a statement: ‘We are concerned at allegations in Zimbabwe, which suggest that the authorities may be using the COVID-19 pandemic as a pretext to clamp down on freedom of expression and freedom of peaceful assembly and association… While recognizing the Government’s efforts to contain the pandemic, it is important to remind the authorities that any lockdown measures and restrictions should be necessary, proportionate and time[1]limited, and enforced humanely without resorting to unnecessary or excessive force.’ Para 13.1.2

In the August 2021 edition of its monthly monitoring report, ZPP noted: ‘In Muzarabani [Mashonaland Central], police allegedly continued to deny the MDC Alliance clearance to hold meetings due to lockdown regulations but Zanu PF was holding its meetings regularly without disturbances.’ – Para 13.1.6

CIVIL SOCIETY ACTIVISTS & NGO’S-  Security authorities are suspicious of the motivations of CSOs and see their activities as a threat to national stability

POLITICISATION OF FOOD AND OTHER AID- not in and of itself serious enough by its nature and repetition to establish a claim to asylum

INTERNAL RELOCATION- guidance in CM (Zimbabwe) continues to govern internal relocation considerations

In CM (Zimbabwe), restating EM, the UT held:

‘The issue of what is a person’s home for the purposes of internal relocation is to be decided as a matter of fact and is not necessarily to be determined by reference to the place a person from Zimbabwe regards as his or her rural homeland. As a general matter, it is unlikely that a person with a well[1]founded fear of persecution in a major urban centre such as Harare will have a viable internal relocation alternative to a rural area in the Eastern provinces. Relocation to Matabeleland (including Bulawayo) may be negated by discrimination, where the returnee is Shona.

‘Internal relocation from a rural area to Harare or (subject to what we have just said) Bulawayo is, in general, more realistic; but the socio-economic circumstances in which persons are reasonably likely to find themselves will need to be considered, in order to determine whether it would be unreasonable or unduly harsh to expect them to relocate.’ (paras 3(7) and (8))- Para  2.6.2

In summary:

Conclusion

As always, each asylum claim will be decided having regard to individual circumstances.

Despite a current reported reduction in the levels of human rights violations in Zimbabwe, in light of the repressive nature of the regime, its intolerance of criticism or expression of other political affiliation, a claim for protection may succeed where a claimant can establish on the basis of some or all of the following that they:

 

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