ZLHR Urges Govt To Implement Recommendations By AU On Human Rights

The Zimbabwe Lawyers for Human Rights (ZLHR) has urged the government to implement recommendations by the African Commission on Human Rights. Pindula News presents the statement below:

ZLHR URGES THE GOVERNMENT TO IMPLEMENT THE RECOMMENDATIONS OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS (ACHPR) AS PROVIDED IN THE CONCLUDING OBSERVATIONS AND RECOMMENDATIONS ON THE GOVERNMENT OF ZIMBABWE’S COMBINED REPORTS FROM 20072019. AND 2008-2019 RESPECTIVELY

Zimbabwe Lawyers for Human Rights (ZHLR) urges the Government of Zimbabwe (GoZ) to widely disseminate the ‘Concluding Observations and Recommendations’ that were proposed by the African Commission on Human and People’s Rights (ACHPR) in the Gambia during the 69th Ordinary Session of the ACHPR. The GoZ must adopt the recommendations and fully implement them.

During the 69th Ordinary Session of the ACHPR held from 15 November to 5 December 2021, the ACHPR adopted its Concluding Observations and Recommendations on the Implementation of the African Charter on Human and Peoples’ Rights (2007, 2019) and the initial Report on the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2008, 2019). These concluding observations and recommendations have since been uploaded on the ACHPR’s website.

In its concluding observations, the ACHPR acknowledged that several developments had taken place in Zimbabwe during the years under review. These include the extent to which government reported on the measures taken to promote and protect human and peoples’ rights, including the legislative, administrative and judicial measures to comply with Zimbabwe’s obligations under the African Charter on Human and Peoples’ Rights (the African Charter) ratified by Zimbabwe in 1986 as well as the Maputo Protocol. The adoption of the 2013 Constitution was commended, including alignment of some of the laws to the Constitution and establishment of some institutions as provided in the supreme law.

Whilst acknowledging the efforts made by the government, which had submitted the combined reports to fulfil its overdue reporting obligations under the African Charter, the ACHPR noted that there were many areas that still needed to be addressed. The ACHPR raised areas of concern and also made numerous key recommendations on the measures needed to strengthen the enjoyment of human rights in Zimbabwe, as guaranteed by the African Charter, the Maputo Protocol as well as other relevant human rights instruments. These included (but is not limited to) the following areas;

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1) Ratification of outstanding human rights instruments. GoZ was encouraged to ratify a total of fifteen United Nations and African Union human rights instruments

2) Death penalty, extra-judicial Wings and enforced disappearances. GoZ did not provide any data or statistics on this, the ACHPR also noted that the death penalty still exists.

3) Prohibition of torture: This practice was not criminalised and there is no national data or a coordinated national independent mechanism to prevent torture.

4) Freedom of expression: Absence of a law or policy protecting the right to access Internet services or social media platforms.

5) Freedom of assembly and association: No information was provided on how far GoZ had progressed in implementing the ACHPR Guidelines on Freedom of Assembly, and the report was silent on the status of implementation of the United Nations Declarations on Human Rights Defenders. Kigali Declaration and the Grand Bay Declaration. Some of these instruments play a critical role in outlining how rights such as the right to freedom of expression, association and assembly apply to human rights defenders. They also in clear terms, specify the obligations and responsibilities of states to protect human rights defenders and create enabling environments for human rights work.

6) Social, economic and cultural rights: concerns were raised on

> Land tenure: Lack of information to address challenges of land tenure system, protection of workers in farming and domestic work.

> Social security: Lack of information on social security, health care services and pensions schemes for civil servants and private sector workers.

> Health services-. No information on measures to provide universal medical cover to Zimbabweans, particularly the most disadvantaged, and lack of information on access and affordability of life-saving surgeries.

>Education: Absence of information on impact of STEM and no information on addressing BEAM challenges.

7) Women and Children’s Rights: concerns were raised on –

> Ongoing harmful practices of early or forced marriage. o Prevalence of domestic and gender-based violence.

> Challenge in achieving required female representation in the parliament and decision-making positions as provided by the Constitution.

> Lack of information on protecting women under customary law.

> Challenges in accessing information and services on sexual and reproductive rights of women, especially in rural communities.

> Lack of affordable health care for rural women.

> Inability of women to access affordable housing due to low economic standing. 

> Challenges relating to child labour, trafficking and sexual exploitation.

8) Persons with disabilities: report was silent on measures to combat discrimination and stigmatisation.

9) Older persons: report was silent on measures to protect this demographic group.

10) Other concerns were raised on issues of statelessness, refugees, extractive industries and the environment and further, the report did not provide adequate information on how the human rights institutions were financed and resourced.

The ACHPR then proceed to provide pertinent recommendations to address these challenges. ZLHR welcomes these recommendations.

However, ZLHR is perturbed that the GoZ introduced the Private Voluntary Organizations (PVO) Amendment Bill which if it becomes law. will result in a crackdown against civil society organisations (CSOs), human rights defenders (HRDs) and the closure of civic and democratic space. This law is in violation of the African Charter as well as the ACHPR Guidelines on Freedom of Assembly.

Ahead of the 73rd Ordinary session of the African Commission in October 2022, ZLHR urges GoZ to:

• Expeditiously undertake legislative and policy reforms to comply With its obligations under the African Charter and the Maputo Protocol and as recommended in the Concluding Observations and Recommendations of the ACHPR.

• Fully implement the ACHPR Guidelines on Freedom of Assembly.

• Implement the recommendations of the United Nations Declarations, the Grand Bay and the Kigali Declarations.

• Acknowledge the contributions, importance and rights of HRDs in a constitutional democracy through ensuring that fundamental rights are freely exercised in a manner that is consistent with the Constitution of Zimbabwe.

• Cease arbitrary arrests, malicious prosecutions and pretrial detention of HRDs for their lawful human rights work.

• Abandon the Private Voluntary Organisations Amendment Bill, 2021, and adopt legislation conducive to a less restrictive and more enabling operating environment for CSOs.

Pindula News