2023 RLLR 229
Citation: 2023 RLLR 229
Tribunal: Refugee Protection Division
Date of Decision: December 29, 2023
Panel: J. Schmalzbauer
Counsel for the Claimant(s): Arashveer Brar
Country: Zimbabwe
RPD Number: VC3-08440
Associated RPD Number(s): N/A
ATIP Number: A-2024-01133
ATIP Pages: N/A
DECISION
INTRODUCTION
[1] This is the decision of the Refugee Protection Division (“RPD”) in the claim of XXXX XXXX (the “claimant”) as a citizen of Zimbabwe who is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act (the “Act”).[1]
DETERMINATION
[2] The panel finds that the claimant is a Convention refugee, as he does have a well-founded fear of persecution related to a Convention ground in Zimbabwe.
ALLEGATIONS
[3] The following is a brief synopsis of the allegations that the claimant put forth in the Basis of Claim (BOC) form and narrative.[2] The claimant is a twenty-nine-year-old male citizen of Zimbabwe. The claimant is alleging a history of political persecution as a member of the opposition party, MDC/CCC in Zimbabwe.
[4] The claimant was arrested due to his political activities in the 2019 election, he was held for two days. He later took a break from politics. Until he became engaged with the Zimbabwe National Students Union [ZINASU], while he was attending XXXX. Members of the union had been arrested for protesting and attending the funeral of a prominent activist.
[5] The claimant again became engaged with the now CCC, wanting to promote change in the country. In the run up to the last election, he had become active in opposition to the long sitting government. The claimant had attended a funeral of a fellow opposition member, XXXX XXXX, who had been abducted and killed. The funeral was marred by clashes and eventual riots between CCC and Zanu-PF members. Some CCC members and colleagues of the claimant were arrested.
[6] The claimant was under surveillance, by members of the CIO, state intelligence. He was receiving calls from, persons identifying themselves as members of the ZANU-PF threatening that he too would be abducted and killed.
[7] The claimant had not returned to his home since that day. He had been living with family members in first XXXX and then later, to XXXX XXXX He was able to find work on a XXXX XXXX and took that opportunity to come to Canada.
[8] In XXXX 2023, claimant flew to XXXX XXXX, in transit, then to the XXXX, for a few hours in transit. Then he was in the XXXX, boarding the ship. When the ship docked in Canada, he left and made his claim within days.
ANALYSIS
Identity/Country of Reference Zimbabwe
[9] The panel is satisfied on a balance of probabilities, in the claimant’s identity and his citizenship, considering the certified copy of Zimbabwe passport.[3]
Well-Founded Fear of Persecution
[10] The claimant fears persecution due to his imputed political opinion. The duty of this panel is to find if there is sufficient credible or trustworthy evidence to determine that there is more than a mere possibility that this claimant would be persecuted if he returned to Zimbabwe.
[11] The claimant testified credibly and voluntarily to his political activities and opinions. He testified in a clear and direct manner of his activities that resulted in his arrest. He was clear and engaging when discussing the circumstances in Zimbabwe vis-à-vis the political situation. In support of his politics and the charges brought against him, he submitted his MDC-A card. The claimant also submitted a letter corroborating membership and ongoing engagement with the Canadian wing of the now CCC.[4] He also submitted corroborating witness letters.[5] On balance, the panel finds the claimant’s political activities and allegations are credible.
[12] The contextual situation is the government in Zimbabwe, and the governing ZANU-PF party severely repress political opponents including members of the MDC/CCC. In November 2017 President Robert Mugabe was ousted in a military coup and was replaced by his former deputy Emmerson Mnangagwa. The country elected Mnangagwa as president in July of 2018. The country condition documents indicate that the current government continues to suppress political dissent in significant ways in particular using the COVID-19 pandemic to do so.
[13] According to the most recent US Department of State report on Zimbabwe:
Significant human rights issues include unlawful or arbitrary killings of civilians by security forces; torture and arbitrary detention by security forces; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; serious problems with the independence of the judiciary; the worst forms of government restrictions on free expression, press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, site blocking, and the existence or criminal libel laws; there is substantial interference of the rights of peaceful assembly and freedom of association; restrictions on freedom of movement; restriction on political participation; and, widespread acts of corruption … ZANU-PF supporters, sometimes with government support or acquiescence, intimidated and harassed members of organizations perceived to be associated with other political parties.[6]
[14] The DFAT report reports that security authorities and ZANU-PF activists continue to use torture as a means of intimidation and punishment, particularly against political opponents. Those arrested during political protests face a high risk of being tortured in custody, while those subjected to enforced disappearance face a high risk of experiencing physical and psychological mistreatment that may amount to torture. Individuals who have been subjected to torture at the hand of state authorities, or ZANU-PF activists are highly unlikely to receive redress through official channels.[7]
[15] Further, according to Human Rights Watch reporting on Zimbabwe in 2021, that despite President Emmerson Mnangagwa repeatedly voicing his commitments to human rights reforms, Zimbabwe remains highly intolerant of basic rights, peaceful dissent, and free expression. During nationwide protests in mid-January, following the president’s sudden announcement of a fuel price increase, security forces responded with lethal force, killing at least 17 people, shooting, and injuring 81 people, and arresting over 1,000 suspected protesters during door-to-door raids. In the months that followed several civil society activists, political opposition leaders, and other critics of the government were arbitrarily arrested, abducted, beaten, or tortured. Little or no efforts were made to bring those responsible for the abuses to justice.[8]
[16] This objective evidence tells us that the government of Zimbabwe carries out widespread violence in its efforts to suppress dissent and maintain power. According to the 2022 Freedom of the World report, COVID-19 lockdown restrictions continued to limit Zimbabweans’ freedom of movement. Activists were targeted by the authorities for violating lockdown measures. The opposition Movement for Democratic Change Alliance (MDC Alliance) was systematically denied clearance to hold meetings due to lockdown regulations.[9] Which is inline with the claimant’s situation in 2022.
[17] Zimbabweans have enjoyed some freedom and openness in private discussion, but official surveillance of political activity is a deterrent to unfettered speech. Individuals have been arrested for critical posts on social media, prompting self-censorship online. Further, in September 2021, Parliament passed the Cyber Security and Data Protection bill, which President Mnangagwa signed into law in December. Several NGOs have criticized the law for infringing on individuals’ rights to freedom of expression online and providing avenues that allow authorities to monitor private communication and target opposition figures.[10]
[18] According to the Zimbabwe Report, on the claimant’s allegations of the June 2022, violence he had been party/victim to:
In May 2020 Citizens Coalition for Change (CCC) activist “Moreblessing Ali was out with her friend in Beatrice on 24 May 2022 when she was allegedly taken by an identified man following an argument. She was missing for three weeks before being found murdered and her body mutilated on 11 June [2021]. Cases of abductions where perpetrators are never held to account are common in Zimbabwe,” reported Amnesty International. 175 According to the Zimbabwe Human Rights NGO Forum”. On 14 June 2022, violence rocked Chitungwiza’s Nyatsime suburb as members of the opposition party, Citizens Coalition for Change (CCC), and the ruling party, Zimbabwe African National Union Patriotic Front (ZANU-PF), clashed over the death of a CCC activist, Moreblessing Ali.
The violence resulted in the destruction of homes, business premises, vehicles and other household property. Following the events, the police have been carrying out investigations into the events that transpired resulting in the arrests of, so far, up to 15 suspects whose matters remain pending within the justice system. Worryingly, most of those arrested were victims of destruction of property, who were arrested upon attending to police stations to report this property destruction.
[19] Although the claimant had three transit countries, XXXX XXXX, XXXX XXXX and the XXXX, the claimant spent mere hours in these countries. He entered Canada and almost immediately made his way to seek protection inland. The panel finds, the previous countries were transitory, and the panel takes no negative inference against the claimant’s failure to seek protection prior to his arrival in Canada. Further there was no delay in him seeking protection upon his entry to Canada.
[20] Considering the claimant’s accepted past political persecution from state agents due to his imputed political opinion, the objective evidence reporting that violence and intimidation are used to silence opposition members within Zimbabwe, the panel is satisfied that there is sufficient evidence to determine that the claimant faces more than a mere possibility of ongoing threats against his, amounting to persecution due to his political opinion.
[21] Therefore, as the state is the agent of harm, it would be objectively unreasonable for the claimant to seek the protection of the state. The panel finds the claimant does have a well-founded fear of persecution in Zimbabwe and as these authorities have effective control of their territory, there is a serious possibility of persecution throughout Zimbabwe.
CONCLUSION
[22] For the foregoing reasons, the panel concludes that the claimant is a Convention refugee and therefore accepts his claim. As the claim is accepted pursuant to Section 96 of the Act, there is no need to assess the claim made under Section 97(1)(b).
——— REASONS CONCLUDED ———
[1] Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] Exhibit 2.
[3] Exhibit 1.
[4] Exhibit 4.
[5] Exhibit 4,
[6] National Documentation Package, Zimbabwe, 31 August 2022, tab 2.1: Zimbabwe. Country Reports on Human Rights Practices for 2021. United States. Department of State. 12 April 2022.
[7] National Documentation Package, Zimbabwe, 31 August 2022, tab 1.6: DFAT Country Information Report: Zimbabwe. Australia. Department of Foreign Affairs and Trade. 19 December 2019.
[8] National Documentation Package, Zimbabwe, 31 August 2022, tab 2.2: Zimbabwe. World Report 2022: Events of 2021. Human Rights Watch. January 2022.
[9] National Documentation Package, Zimbabwe, 31 August 2022, tab 2.3: Zimbabwe. Freedom in the World 2022. Freedom House. 2022.
[10] National Documentation Package, Zimbabwe, 31 August 2022, tab 2.3: Zimbabwe. Freedom in the World 2022. Freedom House. 2022.