LRF Newsletter December 2022 Issue

Legal Resources Foundation joined the world in commemorating Human Rights Day under the theme “Dignity, Freedom, and Justice for All” #StandUp4HumanRights. The organization published a statement and called on the Zimbabwean government to do the following;

• Promote the “Dignity, Freedom, and Justice for All” by executing provisions in the Bill of Rights.
• Adhere to the dictates of the Constitution and Universal Declaration of Rights to protect and advance the rights of citizens. The realization of political, social, economic, environmental and cultural rights will contribute to the achievement of the 2030 Sustainable Development Agenda.
• Facilitate the rule of law by permitting civil society organizations to independently deliver on their mandate. Civil Society Organizations complement government efforts and assist communities to realize their socio-economic rights.

LRF also commemorated Human Rights Day and offered free legal advice during the official opening of Zimbabwe Human Rights Commission Bulawayo Offices.

Legal Resources Foundation commemorated 16 Days of Activism against Gender Based violence through a social media campaign under the International theme “Unite to end violence against Women and Girls.” The social media campaign sought to raise awareness on the negative impact of GBV in a bid to promote social and behavioral change. LRF distributed daily snippets through WhatsApp, Facebook and Twitter with people buying in and sharing the messages with their peers.

LRF also published a statement calling on government and non-state actors to collaborate in strengthening the referral pathway including the setting up of more safe shelters, provision of free legal representation, psychosocial support, rehabilitation and sexual reproductive health care services among others.

LRF published a statement in response to a press statement by the Zimbabwe Republic Police (ZRP) on a case of rape involving a nine year old girl in Tsholotsho, The organization urged the government to set up safeguards within the criminal justice delivery system to provide a conducive environment for justice to be delivered for survivors.

LRF partnered with Musasa, Tanganda Tea, Peace Building and Capacity Development Foundation and Remington Gold to commemorate 16 days of activism against GBV through sport at Mutare Boys High. The activity was held as a build up to the #16daysofactivism where partners invited members of the public to a basketball tournament and raised awareness on the impact of GBV as well as mechanisms for reporting cases. LRF offered free legal advice during the tournament.

Legal Resources Foundation lawyers received training on strategic litigation at its Annual Lawyers workshop held in Kariba. The training equipped LRF lawyers on how to identify potential strategic litigation cases, develop a theory of change, an advocacy strategy and a litigation plan which has a basket of care for both lawyers and clients.

“The concept of a basket of care for a client and the lawyer intrigued me. I used to wonder why beneficiaries abandoned their cases along the way because the lack of a basket of care can trigger past trauma when a client is trying to heal. It is important for the client and lawyer to constantly receive psycho-social support during the course of a case.” said Maureen Mazanhi, a participant from Harare Regional Office. 

Effective strategic litigation requires intentionality and adequate preparation which includes the development of a theory of change as well as a litigation plan. The process of coming up with a theory of change helps an organization to determine its preparedness to handle a case, whether it has the right case, right client and a conducive environment. It is vital to consider the theory of change of any given strategic litigation case in order to envisage the impact which the case will bring about.

“l learnt about the importance of developing a litigation plan for every case that I deal with. Instead of generalizing cases, I am now going to develop a case theory of change first before starting the litigation process,” said Wadzanai Hwami from Mutare Regional Office.

Strategic litigation has become popular in the last decade with social impact organizations and the legal fraternity using the practice to hold state institutions accountable and stand for the rights of the marginalized in a bid to effect policy change.

“The training helped me realize that strategic litigation is a tool for social change on the African Continent. It was eye opening to know that strategic litigation is one of the other forms of advocacy that can be employed in advancing women’s rights,” said Given Sibanda from Bulawayo Regional Office.

LRF has used the practice to defend the rights of vulnerable groups and hold public institutions to account for human rights abuses. Strategic litigation cases that LRF dealt with in the past include defending the rights of people with disabilities, the displaced, women and other minority groups.

Initiative for Strategic Litigation in Africa (ISLA) facilitated the training which was supported by the East West Management Institute (EWMI) and Swedish International Development Cooperation Agency (SIDA).

Access to justice is increasingly becoming a challenge for marginalized communities due to the impediments of high court service fees. Depending on the distance, charges made by the Messenger of Court and Deputy Sherriff are out of reach for the marginalized and vulnerable. The high charges are making it difficult for the poor to access the justice delivery system and contributing to the withdrawal of cases. Exorbitant court user fees have led the justice system to be an avenue for the elite even though Section 85 of the Constitution of Zimbabwe guarantees universal access to the law.

The Legal Resources Foundation in partnership with Justice for Children, Women and Law in Southern Africa, Zimbabwe Women Lawyers Association and Zimbabwe Lawyers for Human Rights held a Policy Makers Engagement meeting with the Portfolio Committee on Justice, Legal and Parliamentary Affairs, Gender and Development Committee, Ministry of Justice, National Prosecuting Authority and Judicial Services Commission. The meeting sought to present desk research findings on the impact of the cost of court user fees in accessing justice among the marginalized in Zimbabwe and lobby for the accessibility of legal services to everyone.

LRF trained 294 Community Rights Resource Persons from ten districts of Zimbabwe under its flagship program which seeks to activate citizen agency in developmental processes. The volunteers are using newly acquired digital skills to tell indigenous stories happening in their communities after participating in digital media training.

LRF’s digital inclusion drive seeks to ensure that marginalized communities are not left behind in the digital economy. Digital empowerment and the effective use of technical skills have the ability to bring social change as communities constructively engage with local leaders.

The training provided the volunteers with skills and tools that they need to participate in the digital economy and this will aid in curbing information gaps that result from the digital divide. Patricia, a participant from Epworth said that she now works efficiently after receiving a mobile phone and participating in the training.

“I received a mobile phone in addition to knowledge on how to use digital tools to capture images and videos on what is happening in my community. Before obtaining a mobile phone, I used to write reports on paper and the process of sending the document was time consuming and expensive. The new phone and skills are making my work easier because I can instantly use WhatsApp, mobile messaging and calls to communicate.”

Digital literacy skills are enabling women, men and the youth to document developmental issues happening in their communities and meaningfully participate in governance processes. Together with their local leaders, they are able to engage in meaningful conversations and co-create solutions. After the digital media training, Michael (23), from Chivi set up a WhatsApp group for Ward 30 residents and local leaders.

“I created a WhatsApp group where we discuss cross cutting community developmental issues related to water supply, health, road infrastructure development, education and security. Through using my mobile phone, I have been able to invite and motivate Ward 30 to participate in different community developmental processes like council budget consultative meetings which take place in the district.”

The CRRPs document stories relating to socio- economic, political, and environmental rights to bring any inconsistencies to the attention of solution holders. Rachel aged 51, from Gweru learned how to use a smartphone to take pictures and videos related to community problems.

“It was my first time receiving such a smartphone and using design applications like canva. I am using the device to take pictures and videos of problems that we face. I send the videos and pictures to the councillor without having to go to his office. The mobile devices are helpful in solving our problems.”

Legal Resources Foundation and its partner Disabled Women Trust distributed wheelchairs, lotions and sprays among school children living with disabilities and albinism in Chiredzi Rural. Fifteen children received wheelchairs while 27 obtained lotions and sprays. Notably, four children had dropped out of school because it was difficult for them to travel without wheelchairs. Parents and guardians showed gratitude as the wheelchairs will ease their children’s mobility. The lotions and sprays will help to protect children with albinism from the effect of harsh weather conditions.