Amnesty International has expressed grave concern over the passing of the ‘Patriotic Bill’ by the Senate in Zimbabwe, which criminalizes “wilfully injuring the sovereignty and national interest of Zimbabwe.”
Flavia Mwangovya, Amnesty International’s Deputy Regional Director for East and Southern Africa, has warned that the bill’s broad and vague provisions on damaging Zimbabwe’s interests and sovereignty could be used to unduly restrict human rights, and allow for the death penalty to be imposed against those perceived as being critical of the government.
Amnesty International opposes the death penalty in all cases without exception, as it is a violation of the right to life and a cruel and inhuman punishment. The organization has called on President Emmerson Mnangagwa to reject the bill and for the government of Zimbabwe to abide by its obligations under international human rights law.
Responding to the news that the Senate passed on 7 June 2023 the Criminal Law Codification and Reform Amendment Bill 2022, commonly referred to as the “Patriotic Bill”, which criminalizes “wilfully injuring the sovereignty and national interest of Zimbabwe”, Flavia Mwangovya said:
The passing of the ‘Patriotic Bill’ by the Senate is deeply concerning and signals a disturbing crack down on Zimbabweans’ rights to freedom of expression, peaceful assembly and association. The weaponization of the law is a desperate and patent move to curtail the rights to freedom of expression and to public participation in elections due in August this year.
The passing of the ‘Patriotic Bill’ by the Senate is deeply concerning and signals a disturbing crack down on Zimbabweans’ rights to freedom of expression, peaceful assembly and association.
The Bill’s deliberately vague and overly broad provisions on damaging Zimbabwe’s interest and sovereignty, including by calling for economic sanctions, flies in the face of Zimbabwe’s international human rights obligations. All laws must be defined precisely, allowing people to know exactly which acts will make them criminally liable.
The Bill, if passed into law, could give authorities greater powers to unduly restrict human rights, and worryingly, it would allow for imposing the death penalty against those perceived as being critical of the government, including political activists, human rights defenders, journalists, civil society leaders, opposition parties, and whistle-blowers. We are deeply concerned that the Bill adds to the existing plethora of offences punishable by death in Zimbabwe.
We call upon the President to reject this bill. The government of Zimbabwe must urgently ensure that it abides by its obligations under international human rights law.
The Criminal Law Codification and Reform Amendment Bill, 2022, which has been passed by the Senate in Zimbabwe, criminalizes those who intentionally injure the sovereignty and national interest of the country, as well as individuals who participate in meetings with the intent to promote calls for economic sanctions against Zimbabwe.
If enacted into law, this bill could lead to violations of human rights, particularly in the areas of freedom of expression, peaceful assembly, and association. The penalties imposed by the bill include loss of citizenship, denial of the right to vote, and the death penalty.
The bill was published in the Government Gazette on 23 December 2022, passed by the lower house of the National Assembly on 31 May 2023, and approved by the Senate on 7 June 2023. It now awaits the President’s approval.