Arrest Russia of must Zimbabwe stop lawyersusing food amounts as a weapon to criminalisation of the profession

OOn 17 n July, 4 September nearly one 2023, year human after it rights was signed lawyers in Istanbul, Doug Coltart Russia and decided Tapiwa to not renew Muchineripi the Black of Sea Zimbabwe Grain Initiative Law( yers BSGI) for Human that allows Rights Ukraine were arrested to export for agricultural obstructing and/ goods or defeating to global the course markets. of justice. As underlined After a hearing by the on 5 Secretary SeptemGeneral ber at the of magistrate the UN, this court, initiative they were has been released ‘ a beacon on $ 100 of bail hope each. in a world Their next that desperately needs it’. Before Russia’s hearing will take place on 20 October war of aggression against Ukraine, a 2023 before the Harare Magistrate Court. critical global food supplier, a fifth of the The world’s two lawyers barley were came arrested from Ukraine, at Parkas town well Hospital as a sixth after of they the informed maize and police an eighth officers of that wheat. it was After not advisable Russia invaded for their Ukraine, clients to attacking be interviewed, grain fields based and on silos the and medical blocking advice Ukrainian they received, ports, and global after food they advised prices spiked the police to record that their levels clients’ and endangered confidential much medical needed information food supply and for records many could importer not be countries. disclosed The without BSGI aimed consent. to Their re- establish two clients, a vital Womberaishe route for agricultural Nhende and exports Sanele from Mkhuhlani, Ukraine mem- and to lower global food prices. Despite many challenges, it achieved its key purpose. Since August 2022, the export of almost 33 million tonnes of grains bers and food of the from political Ukraine party, to 45 Citizens differCoalition ent countries for Change played an ( CCC), instrumental had reportedly role in reducing been abducted global and food tortured prices by state some agents 25 percent on Saturday since the 2 record September. high Mr. reached Coltart shortly and after Mr. Muchineripi Russia’s attack. were As then public charged trade data with shows, obstructing over and/ half or of defeating the grain, the including course of two justice thirds as defined of the by wheat, section went 184 to ( 1) developing ( e) of the countries. Criminal Law In addition, ( Codification the BSGI and ensured Reform) continAct and ued access were detained to grain for for one the World night. Food After a Programme hearing at the ( WFP). Magistrate In 2023, Court Ukraine on 5 September, supplied 80 they percent were released of the on wheat a $ 100 bail procured each and to support ordered to humanitarian report once a operations week at the in Criminal the most Investigations food insecure countries like Afghanistan, Djibouti, Department Law- and- Order section, of Ethiopia, Kenya, Somalia, Sudan and Harare Central Police Station. Yemen. Without the Black Sea route, the Mr WFP Coltart has to and get Mr its Muchineripi grain elsewhere are expected at higher prices back in and court with on a longer 20 October lead2023 time at to a determine time when the the legality world is of facing their arrest an unprecedented and placement food on crisis. remand. Russia’s Legal representatives decision was of taken the two despite lawyers the raised UN several Secretary complaints, General’s including renewed that propostheir arrest als to work was unlawful to address and its a concerns. direct attack In on order their to shift legitimate blame, exercise Russia of claims the legal that profession. its own agricultural Outside Harare exports Magistrate were not sufficiently facilitated. This is not borne out by publicly available trade data, which shows that Russia’s agricultural exports are thriving. Russia gained also Court important on 5 benefits September from 2023, the Memoranthe lawyers’ dum legal of Understanding representation stated with that the UN the arrests on fertiliser were a exports, clear assault which on had the legal been profession’s brokered in independence parallel to the and BSGI. ‘ amounts The to UN criminalization has worked relentlessly of their profession’. to clarify regulatory Lawyers frameworks for Lawyers and and the engage International with the private Bar sector Association’s to find dedicated Human Rights solutions Institute across are banking extremely and concerned insurance by sectors. the arrest These of efforts Mr. Coltart have been and conMr. Muchineripi. ducted in close Notably collaboration in the context with the of elections, EU and its human partners. rights Contrary lawyers in to Zimthe babwe lies spread have by increasingly Russia, the been EU has targeted. indeed In ensured July 2023, that prominent our sanctions human have rights no lawyer impact Mr. on global Obey food Shava security. was gravely There are no sanctions on Russian export of assaulted in front of his law firm ( L4L food and fertiliser to third countries and IBAHRI statement). Prominent and the EU has provided extensive advocate guidance and to CCC economic MP Fadzayi operators, Mahere was clarifying also convicted that these on transfers 5 April 2023 to third of issuing countries a false are permitted. statement ‘ undermining We have also public worked confidence with the in UN a law to allow enforcement related agency’ payments. for a social Despite media these post well- criticising known police and verifiable brutality. facts, Russia decided to pull More out generally, of the BSGI, the using arrests food of, and as a restrictions weapon and placed endangering upon, a number the global of Zimbabwean food supply. Hours lawyers after limiting withdraw- their ing from the initiative, Russia started also to destroy Ukraine’s grain storage facilities and port infrastructure with daily targeted attacks, not only in the freedom Black Sea to itself carry but out also their in the profession Danube. since As an the immediate beginning of reaction, 2020 have wholesale become frequent wheat and and maize alarming prices ( ZLHR saw their and L4L bigreport gest increase on Zimbabwe). since the We start emphasise of Russia’s that war lawyers of aggression. play a vital The role increased in the profood tection price volatility of the rule is of likely law to and persist human as rights. long as Their Russia work puts is global indispensable food supply for ensuring under deliberate effective access stress, to aggravating justice for all. the To global fulfil cost- their of- professional living crisis duties and effecmost tively, acutely lawyers for food- should insecure be able to people practice in law import- independently dependent in countries. accordance This with is recognised unacceptable laws, and standards, should be and resolutely ethics. condemned. As the world deals with Lawyers should be free from improper disrupted supplies and higher prices, interference, any fear of reprisals, or Russia is now approaching vulnerunreasonable able countries, restrictions. notably in Where Africa, imwith proper bilateral interference offers of or limited reprisals grain become shipwidespread ments, pretending and systematic, to solve a a problem chilling climate it created emerges itself. This in which is a cynical lawyers policy may refuse of deliberately to represent using clients food as connected a weapon. to In politically response to sensitive Russia’s or irresponsible controversial acissues tions, out the of EU fear is active of becoming along three the target main of lines. harassment First, we or will acts continue of retaliation. to support the Principle tireless efforts 16 of of the the UN United Basic Nations Principles and Türkiye on the Role to resume of Lawyers the states Black that Sea ‘ Governments Grain Initiative. shall Second, ensure that we continue lawyers ( a) are able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference; to strengthen and our ( c) “Solidarity shall not suffer, Lanes” or as be alternative threatened routes with, prosecution for Ukrainian or administrative, agricultural exports economic to or reach other global sanctions markets for any through action taken the EU. in accordance These lanes with have recognized allowed the professional export of more duties, than standards 41 million and tonnes ethic’. of Ukraine’s agricul

tural L4L goods and IBAHRI, so far, and therefore, we are increasing call on the this Zimbabwean as much as possible authorities to mitigate to: drop all the charges consequences against human of Russia’s rights termination defenders, of including the BSGI. lawyers Third, Mr. we increased Coltart and our Mr. fiMuchineripi, nancial support as they to countries are being and targeted people as most a result in of need, their providing peaceful and € 18 legitimate billion to work; address refrain food from security any actions until that 2024. may We constitute call on the harassment, international persecution, community or undue and all interference countries to in step the work up their of lawown

assistance in support of global food yers, including their criminal prosecu

security. We ask all our partners to tion on improper grounds such as the

urge Russia to return to negotiations as nature of the cases in which the lawyer

the African Union already did, as well is as involved; to refrain and from targeting Ukraine’s

agricultural guarantee that infrastructure. all lawyers in ZimbaWith a bwe clear are and able to unified carry out voice, their we legitimate can get professional Russia to resume activities its participation without fear to of the reprisals BSGI. The and world free of has all a restrictions shared interest including in responsible judicial harassment, stewardship arbitrary of global arrest, food security. deprivation We of owe liberty, it to the or people other

most in need. arbitrary sanctions.